State Codes and Statutes

949.06

949.06 Computation of award.

949.06(1)

(1) In accordance with this subchapter, the department shall make awards, as appropriate, for any of the following economic losses incurred as a direct result of an injury:

949.06(1)(a)

(a) Medical treatment.

949.06(1)(b)

(b) Work loss, which shall be determined as follows:

949.06(1)(b)1.

1. If the victim was employed at the time of the injury, loss of actual earnings shall be based upon the victim's net salary at the time of the injury.

949.06(1)(b)2.

2. If the victim was not employed at the time of the injury or, if as a direct result of the injury, the victim suffered a disability causing a loss of potential earnings, the award may be based upon a sufficient showing by the victim that he or she actually incurred loss of earnings. The amount of the award shall be reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in available appropriate substitute work the victim was capable of performing, but unreasonably failed to undertake.

949.06(1)(bm)

(bm) If the victim is a homemaker, an amount sufficient to ensure that the duties and responsibilities are continued until the victim is able to resume the performance of the duties, or until the cost of services reaches the maximum allowable under sub. (2), whichever is less.

949.06(1)(c)

(c) Reasonable replacement value of any clothing and bedding that is held for evidentiary purposes, but not to exceed $300.

949.06(1)(cm)

(cm) Reasonable replacement value for property, other than clothing and bedding under par. (c), that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, but not to exceed $200.

949.06(1)(d)

(d) Reasonable funeral and burial expenses, not to exceed $2,000. The funeral and burial award may not be considered by the department under sub. (2).

949.06(1)(e)

(e) Dependent's economic loss, which shall include contributions of things of economic value provided by the victim to dependents but lost as a result of the victim's death. Loss of support shall be determined on the basis of the victim's net salary at the time of death, and shall be calculated as an amount equal to 4 times the victim's average annual earnings.

949.06(1)(f)

(f) Reasonable and necessary costs associated with securing and cleaning up a crime scene, not to exceed $1,000.

949.06(1m)

(1m)

949.06(1m)(a)

(a) In this subsection, "family member" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of domestic partner under ch. 770.

949.06 - ANNOT.

NOTE: Par. (a) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

949.06 - ANNOT.

(a) In this subsection, "family member" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic partner under ch. 770.

949.06(1m)(b)

(b) In accordance with this subchapter, the department shall make awards, as appropriate, to persons who, immediately prior to the crime, lived in the same household with and to family members of a victim of s. 940.01, 940.02, 940.05, 940.06, 940.07, 940.08 or 940.09 for any of the economic losses specified in sub. (1) as a result of the person's or family member's reaction to the death. A dependent may recover both under sub. (1) and this subsection, subject to the limitation under sub. (2).

949.06(2)

(2) The department may not make an award of more than $40,000 for any one injury or death.

949.06(3)

(3) Any award made under this section shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death:

949.06(3)(a)

(a) From, or on behalf of, the person who committed the crime.

949.06(3)(b)

(b) From insurance payments or program, including worker's compensation and unemployment insurance.

949.06(3)(c)

949.06(3)(d)

(d) As an emergency award under s. 949.10.

949.06(3)(e)

(e) From one or more 3rd parties held liable for the offender's acts.

949.06(3)(f)

(f) From an award under s. 949.26.

949.06(4)

(4)

949.06(4)(a)

(a) An award may be made whether or not any person is prosecuted or convicted of any offense arising out of such act or omission.

949.06(4)(b)

(b) The department may suspend proceedings under this subchapter for a period it deems appropriate on the grounds that a prosecution for an offense arising out of the act or omission has been commenced or is imminent.

949.06 - ANNOT.

History: 1975 c. 344, 421; 1977 c. 239; 1979 c. 198; 1981 c. 20, 314; 1985 a. 242; 1987 a. 27; 1993 a. 16, 446; 1997 a. 27, 39; 2003 a. 33; 2007 a. 20; 2009 a. 28, 276.

949.06 - ANNOT.

Cross Reference: See also ch. Jus 11, Wis. adm. code.