North Dakota Code 65-05-16 – Death benefits payable
1. The organization may pay benefits under this chapter in the case of the death of an injured employee as the direct result of an injury sustained in the course of the injured employee’s employment when:
Terms Used In North Dakota Code 65-05-16
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. If there has been no disability preceding death, the death occurs within one year after the date of the injury; b. If there has been disability preceding death, the death occurs within one year after the cessation of disability resulting from the injury; c. If there has been disability that has continued to the time of death, the death occurs within six years after the date of injury; or
d. If there has been disability that has continued to the time of death, the death occurs more than six years after the date of injury, and the injured employee has been designated catastrophically injured as defined under section 65-05.1-06.1.
2. The organization may not pay death benefits unless a claim is submitted within two years of the death and:
a. The death is a direct result of an accepted compensable injury; or
b. If a claim was not submitted by the deceased, the claim for death benefits is submitted within two years of the injury.