Current through Register No. 40, October 3, 2024
(a) The commission shall award compensation
for lost wages, whether the claimant is self-employed or employed by another,
if the underlying facts of the claim meet the requirements of
Jus
605.01 and none of the circumstances resulting in
ineligibility described in
Jus 605.02
applies.
(b) A claimant submitting
a request for compensation for lost wages shall submit the following
documentation to support the request:
(1) If
self-employed, the tax returns for the year in which the crime occurred, if
available, and for the year prior to that;
(2) If employed by another, a statement from
the employer that contains the amount of time lost and the wages that would
have been earned for that time;
(3)
If compensation for lost overtime wages is sought, a statement from the
employer that addresses the reasons for the overtime lost and the claimant's
history of overtime work;
(4) For
lost wages for more than 14 consecutive days, a report from a licensed health
care provider that confirms the claimant's inability to work during that
period; and
(5) Copies of all
written confirmations of appointments with medical providers, mental health
providers, police and other law-enforcement officials, and any other
appointments necessitated as a direct result of the crime.
(c) The following activities shall be
eligible for compensation under the category of lost wages:
(1) Time spent for physical or mental
recuperation from personal injuries sustained as a direct result of the
crime;
(2) Time spent for medical
appointments;
(3) Time spent for
mental health appointments;
(4)
Time spent meeting with police or other law enforcement officials;
(5) Time spent for pretrial preparation,
including for depositions;
(6) Time
spent in court during the trial, at sentencing, or both;
(7) Time spent at probation hearings;
and
(8) Time spent at parole
hearings.
(d) Wages lost
for any of the reasons listed under (c) above shall be compensable even if the
claimant had leave time available from his or her employer and was paid by
using such leave time.
(e) The
following limitations shall apply to awards made for lost wages:
(1) Compensation shall be paid at a rate of
75% of the claimant's gross income, not to exceed 3 months, taking into account
previously scheduled increases in the claimant's rate of pay;
(2) Compensation for overtime shall be
awarded based on the claimant's history of working overtime or the employer's
verified requirement that the claimant have worked on anticipated overtime, or
both; and
(3) The total
compensation paid for lost wages shall not exceed 75% of the claimant's
pre-crime wages, not to exceed 3 months, including any workers' compensation or
disability benefits received.
#9553, eff 9-25-09
