What Is California Labor Code §5406: Death Benefit Filing Deadline?

The period within which to commence proceedings for the collection of death benefits will vary, but cannot be commenced more than 240 weeks from the date of injury/death.

What is California Labor Code 5406?

Labor Code 5406 is the filing deadline for a death benefit claim after a work related death.

Most California workers' comp deadlines are about an injury. This one is different. Labor Code 5406 only applies after a worker dies from a job injury or job illness, and it tells the family how long they have to start a claim for death benefits at the Workers' Compensation Appeals Board, often called the WCAB.

The deadline applies to the people who can collect death benefits: a surviving spouse, children, or other dependents who relied on the worker's income. It does not apply to the worker's own injury claim while the worker was alive. That claim has its own one year rule under Labor Code 5405.

Because the right start date depends on when the death happened compared to the original injury, and on whether comp benefits were still being paid, a family should not guess. A short review of the claim file can confirm the right date.

How does the Labor Code 5406 deadline work in a real death claim?

In the most common case, the family has one year from when the worker died to file.

Picture a worker hurt on the job who dies within a year of that injury. Under this law, the one year clock starts on the date of death, not the date of the injury. The same date of death start point generally applies when the worker's claim was still open and comp benefits were still being paid close to the time of death.

Write down both dates as soon as possible: when the original injury happened and when the worker died. A funeral home or county recorder can confirm that date on the death certificate. The employer's claim file or prior benefit notices can confirm the injury date.

What if the worker died long after the original injury?

When years have passed since the injury, the start date can shift to the last date benefits were paid, and a hard outer limit still applies.

Some injuries and job illnesses take years to cause death. Occupational disease and slow moving conditions are examples. When death happens more than a year after the injury and the worker's comp benefits had already stopped, the one year clock can instead run from the date those benefits were last provided, which may be well before the death. The table below summarizes the three situations under this statute.

Two outer limits apply at the same time: 240 weeks, about four and a half years, after the injury, and one year after the worker's death. Neither limit decides this alone.

Are there exceptions to this deadline?

Yes. A few narrower rules change the 240 week limit for specific groups, including some asbestos related deaths.

A related statute, Labor Code section 5406.5, gives a one year from death deadline for an asbestos worker or firefighter who dies of asbestosis, without the usual 240 week outer limit. Two more related statutes cover narrower groups in less detail: Labor Code 5406.6 for certain health care workers with an HIV related death, and Labor Code 5406.7 for specified peace officers and firefighters, which can allow up to 420 weeks instead of 240. Ask a lawyer to check whether one of these narrower rules fits a specific case.

How does Labor Code 5406 connect to other California workers' comp deadlines?

Section 5406 sits in the same part of the law as the general filing deadline, but it answers a different question.

Labor Code 5405, the general one year filing deadline, governs a living worker's own claim for an injury. Labor Code 5406 is the separate rule for a dependent's death benefit claim. The two claims are not the same proceeding, as the FAQs below explain.

The amount of a death benefit is a separate topic from this deadline. Labor Code 4700 covers death benefits the worker had already earned before dying, and Labor Code 4702 sets the dollar amounts paid to dependents. Our overview of California workers' comp death benefits walks through eligibility and benefit amounts.

What should a family save or ask before the deadline runs out?

Save the key dates and documents early, and ask in writing rather than relying on a verbal answer from the insurer.

Keep the death certificate, the worker's medical and claim records, any prior benefit checks or denial letters, and the employer's workers' comp insurer name. Write a short timeline of the injury date, the date benefits stopped if they did, and when the worker died. If the insurer already denied or delayed the underlying injury claim, see our page on what a denied California workers' comp claim means, since a death benefit claim can run alongside that dispute.

Send the claim request in writing and ask the insurer to confirm the date it was received. A missed deadline can end the right to death benefits even when the death was clearly work related, so early action matters more than a perfect first filing.

If a work related death has left your family facing the Labor Code 5406 deadline, Yazdchi Law P.C. can help review the dates and the claim history before you file. Call (661) 273-1780 or use our contact form to set up a free initial review. The firm reviews each matter's own facts before deciding whether to take a case.