evidence: Employee Dies ON The Job: When the employee dies as a result of the work-related accident, the survivors (usually a surviving spouse and/or surviving dependent children) are entitled to weekly benefits from the employer/insurer. The weekly death benefit is paid at 66 2/3% of the deceased employee’s average weekly wage for the year immediately preceding the fatal accident, subject to a maximum set by law. The employer/insurer is also responsible for paying funeral expenses up to $5,000.00. [...] Although weekly benefits are the normal and preferred method of payment when the employee dies as a result of the work-related accident, the law does allow lump sum settlements in certain limited situations. [...] A claim involving the death of an employee is subject to the same rules as cases resulting in non-fatal injuries. The employer must be subject to the workers’ compensation law. The accident that caused the death must be a compensable accident under the law, meaning the work-related injury was the prevailing reason for the death. Penalties for safety violations or for use of alcohol or drugs may be an issue. There may also be disputes in regards to the employee’s average weekly wage and competing claims of dependency. These issues may need to be resolved by an evidentiary hearing (trial) before an administrative law judge. In any such situation, you should consult with a lawyer.