Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Office may order the payment of
compensation for expenses actually and reasonably incurred as a result of the
personal injury or death of the victim.
1.
Reimbursable expenses include those unreimbursed and unreimbursable
out-of-pocket expenses or indebtedness for medical care or other necessary
services, loss of earnings, loss of support, pecuniary loss to the dependents
of deceased victims, and other reasonable pecuniary loss resulting from the
personal injury or death of the victim.
(b) Subject to the availability of funds, the
Office may award payment for such allowable expenses that the Office determines
to be reimbursable within the scope of this chapter, such as charges for
reasonably needed products and services, medical care, rehabilitation,
rehabilitative occupational training, and other remedial treatment and care.
(c) Where the Office determines
that, because of the victim's conduct, the victim was the proximate cause of
his or her injury, the Office may limit the amount of the award, reduce it, or
deny compensation altogether.
1. Where an
award is to be limited or reduced due to contribution or other circumstances
relating to the victim's behavior or action, said award shall not exceed $
12,500 in the aggregate. In homicide cases where the victim contributed to his
or her death, the Office may make a limited award for funeral benefits, mental
health counseling, loss of support for dependent children, and attorneys'
fees.
(d) Every victim or
claimant seeking compensation from the Office shall produce verification and
provide evidence of all losses and injuries claimed as compensable items in his
or her application. Only those losses and injuries for which verification and
evidence is produced shall be considered for compensation.
(e) In making its award, the Office shall
make no allowance for pain and suffering.
(f) Except as otherwise permitted by this
chapter, no compensation shall be awarded for loss of personal property or
property damage.
(g) Except for
cases determined to be catastrophic in nature, no compensation shall be awarded
in an amount in excess of $ 25,000.
1. The
Office may, within its discretion, prioritize and attempt to compromise the
various items of payment for any claim in the event it determines that the
maximum amount of $ 25,000 payable is likely to be reached.
2. The maximum award of $ 25,000 shall remain
in effect until statutory law provides otherwise.
(h) Claims for compensation shall expire
based on the following dates:
1. For
incidents occurring on or after June 26, 1995, and on or before November 29,
2010, any claim for compensation shall expire five years after the entry of an
initial determination order. No further order is to be entered with regard to
the claim, except for claims that are determined to be catastrophic in nature,
or for requests for payment of specific out-of-pocket expenses received by the
Office prior to the expiration of the five- year period, or for expenses for
which the Office had notice or should reasonably have known existed prior to
the expiration of the stated five-year limit;
2. For incidents occurring on or after
November 30, 2010, and on or before July 15, 2012, payment for compensation
shall expire after five years, except that compensation may be awarded after
the expiration of the five-year period upon a determination by the Office that
compelling circumstances exist justifying the payment of a claim beyond the
five-year limit;
3. For incidents
occurring on or after July 16, 2012, and before August 1, 2020, payment for
compensation shall expire 10 years after the entry of an initial determination
order, which shall not include administrative closures, and no further order is
to be entered with regard to the claim, except:
i. For requests for payment of specific
out-of-pocket expenses received by the Office prior to the expiration of the
10-year period;
ii. In those cases
determined by the Office to be catastrophic in nature; and
iii. For requests for payments of expenses
that were incurred only after the expiration of the 10-year period;
and
4. For incidents
occurring on or after August 1, 2020, eligible claims for compensation will not
expire.
