§ 65-05-17 — Weekly compensation allowances for death claims

If death results from an injury under the conditions specified in section 65-05-16, the fund
shall pay to the following persons, for the periods specified:
1. To the decedent's spouse or to the guardian of the children of the decedent, an
amount equal to the benefit rate for total disability under section 65-05-09. All
recipients of benefits under this subsection are eligible for benefits at the rate provided
in this section, regardless of the date of death of the deceased employee. These
benefits continue until the death of the decedent's spouse; or, if the surviving children
of the decedent are under the care of a guardian, until those children no longer meet
the definition of child in this title. If there is more than one guardian for the children
who survive the decedent, the organization shall divide the death benefits equally
among the children and shall pay benefits to the children's guardians. Total death
benefits, including supplementary benefits, paid on any one claim may not exceed four
hundred thousand dollars.
2. To each child of the deceased employee, the amount of fifteen dollars per week. This
rate must be paid to each eligible child regardless of the date of death. The
organization may pay the benefit directly to the child of the deceased employee or to
the surviving parent or guardian of the child. Dependency allowance may not be
reduced by the percentage of aggravation.
3. In addition to the payments provided under subsections 1 and 2, a payment in the sum
of two thousand five hundred dollars to the decedent's spouse or the guardian of the
children of the decedent and eight hundred dollars for each dependent child. If there is
more than one guardian of the decedent's surviving children, the two thousand five
hundred dollars must be divided equally among the children and paid to the children's
guardians.