California Workers' Compensation Injury and Death Benefits

Generally, the statute of limitations for filing a survivor-related workers' compensation death benefits claim is 240 weeks from the "date of injury." However, the statute of limitations is increased to 420 weeks from the date of diagnosis, not to exceed one year after the date of death, in instances where a firefighter's death was:

• Job-caused cancer (excluding asbestosis), Tuberculosis, or a blood-borne infectious disease (excluding HIV/AIDS); and
• The date of injury occurred during the firefighter's active service; and
• The recipient of the death benefit was a dependent at the time of the firefighter's death.

In the event of a death associated with asbestosis or HIV/AIDS, survivors must start workers' compensation death benefit proceedings five years from the date on which the asbestosis or

HIV/AIDS was diagnosed, or up to one year from the date of the fallen firefighter's death, whichever is later.