The statute of limitations for pursuing death benefits is established in LC 5406. Except for LC 5406.5 and LC 5406.6 (which cover deaths from asbestos and HIV-related disease), proceedings for the collection of death benefits, per LC 5406(a), may be commenced one year from:
- the date of death when it occurs within one year from date of injury;
- the date of last furnishing of any compensation benefits, when death occurs more than one year from the date of injury; or
- the date of death, when death occurs more than one year after the date of injury and compensation benefits have been furnished.