Labor Code section 4408

Prior to seeking compensation benefits under this chapter, the asbestos worker shall first make claim on the employer or its workers’ compensation insurance carrier for payment of compensation under this division. If the asbestos worker is unable to locate the responsible employer or insurance carrier, or if the employer or insurance carrier fails to pay or denies liability for the compensation required by this division to the person entitled thereto, within a period of 30 days after the assertion of such a claim, the asbestos worker may seek payment of workers’ compensation asbestos workers’ benefits required by this division from the Asbestos Workers’ Account.

Source: Section 4408, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=LAB§ionNum=4408.­ (updated Sep. 15, 1982; accessed Oct. 20, 2025).

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§ 4408's source at ca​.gov