A. Compensation for Total Loss of Earnings: An award made pursuant to thischapter for total loss of earnings which results directly from incapacityincurred by a crime victim shall be payable during total incapacity to thevictim or to such other eligible person, at a weekly compensation rate equalto 66 2/3 percent of the victim's average weekly wages. The total amount ofweekly compensation shall not exceed $600. The victim's average weekly wagesshall be determined as provided in § 65.2-101.
B. Compensation for Partial Loss of Earnings: An award made pursuant to thischapter for partial loss of earnings which results directly from incapacityincurred by a crime victim shall be payable during incapacity at a weeklyrate equal to 66 2/3 percent of the difference between the victim's averageweekly wages before the injury and the weekly wages which the victim is ableto earn thereafter. The combined total of actual weekly earnings andcompensation for partial loss of earnings shall not exceed $600 per week.
C. Compensation for Loss of Earnings of Parent of Minor Victim: The parent orguardian of a minor crime victim may receive compensation for loss ofearnings, calculated as specified in subsections A and B, for time spentobtaining medical treatment for the child and for accompanying the child to,attending or participating in investigative, prosecutorial, judicial,adjudicatory and post-conviction proceedings.
D. Compensation for Dependents of a Victim Who Is Killed: If death results toa victim of crime entitled to benefits, dependents of the victim shall beentitled to compensation in accordance with the provisions of §§ 65.2-512 and65.2-515 in an amount not to exceed the maximum aggregate payment or themaximum weekly compensation which would have been payable to the deceasedvictim under this section.
E. Compensation for Unreimbursed Medical Costs, Funeral Expenses, Services,etc.: Awards may also be made on claims or portions of claims based upon theclaimant's actual expenses incurred as are determined by the Commission to beappropriate, for (i) unreimbursed medical expenses or indebtedness reasonablyincurred for medical expenses; (ii) expenses reasonably incurred in obtainingordinary and necessary services in lieu of those the victim would haveperformed, for the benefit of himself and his family, if he had not been avictim of crime; (iii) expenses directly related to funeral or burial, not toexceed $5,000; (iv) expenses attributable to pregnancy resulting fromforcible rape; (v) mental health counseling for survivors as defined undersubdivisions A 2 and A 4 of § 19.2-368.4, not to exceed $2,500 per claim;(vi) reasonable and necessary moving expenses, not to exceed $1,000, incurredby a victim or survivors as defined under subdivisions A 2 and A 4 of §19.2-368.4; and (vii) any other reasonable and necessary expenses andindebtedness incurred as a direct result of the injury or death upon whichsuch claim is based, not otherwise specifically provided for. Notwithstandingany other provision of law, a person who is not eligible for an award undersubsection A of § 19.2-368.4 who pays expenses directly related to funeral orburial is eligible for reimbursement subject to the limitations of thissection.
F. Notwithstanding the provisions of subdivision 3 of § 19.2-368.10, §§19.2-368.5, 19.2-368.5:1, 19.2-368.6, 19.2-368.7, 19.2-368.8, subsection G ofthis section, and § 19.2-368.16, the Criminal Injuries Compensation Fundshall pay for physical evidence recovery kit examinations conducted onvictims of sexual assault. Any individual that submits to and completes aphysical evidence recovery kit examination shall be considered to have metthe reporting and cooperation requirements of this chapter. Funds paid forphysical evidence recovery kit collection shall not be offset against theFund's maximum allowable award as provided in subsection H. Payments may besubject to negotiated agreements with the provider. Healthcare providers thatcomplete physical evidence recovery kit examinations may bill the Funddirectly subject to the provisions of § 19.2-368.5:2. The Commission shalldevelop policies for a distinct payment process for physical evidencerecovery kit examination expenses as required under subdivision 1 of §19.2-368.3.
In order for the Fund to consider additional crime-related expenses, victimsshall file with the Fund following the provisions of this chapter andCriminal Injuries Compensation Fund policy.
G. Any claim made pursuant to this chapter shall be reduced by the amount ofany payments received or to be received as a result of the injury from or onbehalf of the person who committed the crime or from any other public orprivate source, including an emergency award by the Commission pursuant to §19.2-368.9.
H. To qualify for an award under this chapter, a claim must have a minimumvalue of $100, and payments for injury or death to a victim of crime, to thevictim's dependents or to others entitled to payment for covered expenses,after being reduced as provided in subsection G, shall not exceed $25,000 inthe aggregate.
(1986, c. 457; 1988, c. 748; 1989, c. 335; 1990, c. 552; 1992, c. 687; 1996,c. 86; 1998, c. 484; 2000, c. 847; 2002, c. 665; 2005, c. 683; 2007, c. 381;2008, cc. 203, 251.)
A. Compensation for Total Loss of Earnings: An award made pursuant to thischapter for total loss of earnings which results directly from incapacityincurred by a crime victim shall be payable during total incapacity to thevictim or to such other eligible person, at a weekly compensation rate equalto 66 2/3 percent of the victim's average weekly wages. The total amount ofweekly compensation shall not exceed $600. The victim's average weekly wagesshall be determined as provided in § 65.2-101.
B. Compensation for Partial Loss of Earnings: An award made pursuant to thischapter for partial loss of earnings which results directly from incapacityincurred by a crime victim shall be payable during incapacity at a weeklyrate equal to 66 2/3 percent of the difference between the victim's averageweekly wages before the injury and the weekly wages which the victim is ableto earn thereafter. The combined total of actual weekly earnings andcompensation for partial loss of earnings shall not exceed $600 per week.
C. Compensation for Loss of Earnings of Parent of Minor Victim: The parent orguardian of a minor crime victim may receive compensation for loss ofearnings, calculated as specified in subsections A and B, for time spentobtaining medical treatment for the child and for accompanying the child to,attending or participating in investigative, prosecutorial, judicial,adjudicatory and post-conviction proceedings.
D. Compensation for Dependents of a Victim Who Is Killed: If death results toa victim of crime entitled to benefits, dependents of the victim shall beentitled to compensation in accordance with the provisions of §§ 65.2-512 and65.2-515 in an amount not to exceed the maximum aggregate payment or themaximum weekly compensation which would have been payable to the deceasedvictim under this section.
E. Compensation for Unreimbursed Medical Costs, Funeral Expenses, Services,etc.: Awards may also be made on claims or portions of claims based upon theclaimant's actual expenses incurred as are determined by the Commission to beappropriate, for (i) unreimbursed medical expenses or indebtedness reasonablyincurred for medical expenses; (ii) expenses reasonably incurred in obtainingordinary and necessary services in lieu of those the victim would haveperformed, for the benefit of himself and his family, if he had not been avictim of crime; (iii) expenses directly related to funeral or burial, not toexceed $5,000; (iv) expenses attributable to pregnancy resulting fromforcible rape; (v) mental health counseling for survivors as defined undersubdivisions A 2 and A 4 of § 19.2-368.4, not to exceed $2,500 per claim;(vi) reasonable and necessary moving expenses, not to exceed $1,000, incurredby a victim or survivors as defined under subdivisions A 2 and A 4 of §19.2-368.4; and (vii) any other reasonable and necessary expenses andindebtedness incurred as a direct result of the injury or death upon whichsuch claim is based, not otherwise specifically provided for. Notwithstandingany other provision of law, a person who is not eligible for an award undersubsection A of § 19.2-368.4 who pays expenses directly related to funeral orburial is eligible for reimbursement subject to the limitations of thissection.
F. Notwithstanding the provisions of subdivision 3 of § 19.2-368.10, §§19.2-368.5, 19.2-368.5:1, 19.2-368.6, 19.2-368.7, 19.2-368.8, subsection G ofthis section, and § 19.2-368.16, the Criminal Injuries Compensation Fundshall pay for physical evidence recovery kit examinations conducted onvictims of sexual assault. Any individual that submits to and completes aphysical evidence recovery kit examination shall be considered to have metthe reporting and cooperation requirements of this chapter. Funds paid forphysical evidence recovery kit collection shall not be offset against theFund's maximum allowable award as provided in subsection H. Payments may besubject to negotiated agreements with the provider. Healthcare providers thatcomplete physical evidence recovery kit examinations may bill the Funddirectly subject to the provisions of § 19.2-368.5:2. The Commission shalldevelop policies for a distinct payment process for physical evidencerecovery kit examination expenses as required under subdivision 1 of §19.2-368.3.
In order for the Fund to consider additional crime-related expenses, victimsshall file with the Fund following the provisions of this chapter andCriminal Injuries Compensation Fund policy.
G. Any claim made pursuant to this chapter shall be reduced by the amount ofany payments received or to be received as a result of the injury from or onbehalf of the person who committed the crime or from any other public orprivate source, including an emergency award by the Commission pursuant to §19.2-368.9.
H. To qualify for an award under this chapter, a claim must have a minimumvalue of $100, and payments for injury or death to a victim of crime, to thevictim's dependents or to others entitled to payment for covered expenses,after being reduced as provided in subsection G, shall not exceed $25,000 inthe aggregate.
(1986, c. 457; 1988, c. 748; 1989, c. 335; 1990, c. 552; 1992, c. 687; 1996,c. 86; 1998, c. 484; 2000, c. 847; 2002, c. 665; 2005, c. 683; 2007, c. 381;2008, cc. 203, 251.)
A. Compensation for Total Loss of Earnings: An award made pursuant to thischapter for total loss of earnings which results directly from incapacityincurred by a crime victim shall be payable during total incapacity to thevictim or to such other eligible person, at a weekly compensation rate equalto 66 2/3 percent of the victim's average weekly wages. The total amount ofweekly compensation shall not exceed $600. The victim's average weekly wagesshall be determined as provided in § 65.2-101.
B. Compensation for Partial Loss of Earnings: An award made pursuant to thischapter for partial loss of earnings which results directly from incapacityincurred by a crime victim shall be payable during incapacity at a weeklyrate equal to 66 2/3 percent of the difference between the victim's averageweekly wages before the injury and the weekly wages which the victim is ableto earn thereafter. The combined total of actual weekly earnings andcompensation for partial loss of earnings shall not exceed $600 per week.
C. Compensation for Loss of Earnings of Parent of Minor Victim: The parent orguardian of a minor crime victim may receive compensation for loss ofearnings, calculated as specified in subsections A and B, for time spentobtaining medical treatment for the child and for accompanying the child to,attending or participating in investigative, prosecutorial, judicial,adjudicatory and post-conviction proceedings.
D. Compensation for Dependents of a Victim Who Is Killed: If death results toa victim of crime entitled to benefits, dependents of the victim shall beentitled to compensation in accordance with the provisions of §§ 65.2-512 and65.2-515 in an amount not to exceed the maximum aggregate payment or themaximum weekly compensation which would have been payable to the deceasedvictim under this section.
E. Compensation for Unreimbursed Medical Costs, Funeral Expenses, Services,etc.: Awards may also be made on claims or portions of claims based upon theclaimant's actual expenses incurred as are determined by the Commission to beappropriate, for (i) unreimbursed medical expenses or indebtedness reasonablyincurred for medical expenses; (ii) expenses reasonably incurred in obtainingordinary and necessary services in lieu of those the victim would haveperformed, for the benefit of himself and his family, if he had not been avictim of crime; (iii) expenses directly related to funeral or burial, not toexceed $5,000; (iv) expenses attributable to pregnancy resulting fromforcible rape; (v) mental health counseling for survivors as defined undersubdivisions A 2 and A 4 of § 19.2-368.4, not to exceed $2,500 per claim;(vi) reasonable and necessary moving expenses, not to exceed $1,000, incurredby a victim or survivors as defined under subdivisions A 2 and A 4 of §19.2-368.4; and (vii) any other reasonable and necessary expenses andindebtedness incurred as a direct result of the injury or death upon whichsuch claim is based, not otherwise specifically provided for. Notwithstandingany other provision of law, a person who is not eligible for an award undersubsection A of § 19.2-368.4 who pays expenses directly related to funeral orburial is eligible for reimbursement subject to the limitations of thissection.
F. Notwithstanding the provisions of subdivision 3 of § 19.2-368.10, §§19.2-368.5, 19.2-368.5:1, 19.2-368.6, 19.2-368.7, 19.2-368.8, subsection G ofthis section, and § 19.2-368.16, the Criminal Injuries Compensation Fundshall pay for physical evidence recovery kit examinations conducted onvictims of sexual assault. Any individual that submits to and completes aphysical evidence recovery kit examination shall be considered to have metthe reporting and cooperation requirements of this chapter. Funds paid forphysical evidence recovery kit collection shall not be offset against theFund's maximum allowable award as provided in subsection H. Payments may besubject to negotiated agreements with the provider. Healthcare providers thatcomplete physical evidence recovery kit examinations may bill the Funddirectly subject to the provisions of § 19.2-368.5:2. The Commission shalldevelop policies for a distinct payment process for physical evidencerecovery kit examination expenses as required under subdivision 1 of §19.2-368.3.
In order for the Fund to consider additional crime-related expenses, victimsshall file with the Fund following the provisions of this chapter andCriminal Injuries Compensation Fund policy.
G. Any claim made pursuant to this chapter shall be reduced by the amount ofany payments received or to be received as a result of the injury from or onbehalf of the person who committed the crime or from any other public orprivate source, including an emergency award by the Commission pursuant to §19.2-368.9.
H. To qualify for an award under this chapter, a claim must have a minimumvalue of $100, and payments for injury or death to a victim of crime, to thevictim's dependents or to others entitled to payment for covered expenses,after being reduced as provided in subsection G, shall not exceed $25,000 inthe aggregate.
(1986, c. 457; 1988, c. 748; 1989, c. 335; 1990, c. 552; 1992, c. 687; 1996,c. 86; 1998, c. 484; 2000, c. 847; 2002, c. 665; 2005, c. 683; 2007, c. 381;2008, cc. 203, 251.)
