Current through the 2024 Budget Session
Section 1-40-109 - Standards for compensation(a) For the purpose of determining the amount of compensation payable pursuant to this act, the division, insofar as practicable, shall formulate standards for uniform application of this act and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States and the availability of funds under this act.(b) Loss of earnings and loss of future earnings shall be determined on the basis of the victim's average monthly earnings for the six (6) months immediately preceding the date of the injury, or the current federal minimum wage, whichever is less.(c) Loss of support shall be determined on the basis of the victim's or defendant's average monthly earnings for the six (6) months immediately preceding the date of the injury, or the current federal minimum wage, whichever is less.(d) Except as provided in subsection (e) of this section, the maximum individual award of compensation paid to any victim or dependent shall not exceed fifteen thousand dollars ($15,000.00). Compensation shall only be awarded for economic losses occurring within a twenty-four (24) month period from the date of the injury or discovery of the crime. However, the division may extend the twenty-four (24) month period to allow compensation for mental health counseling and care occurring within an additional twelve (12) month period for a total of thirty-six (36) months.(e) In addition to the maximum award authorized in subsection (d) of this section, in the case of catastrophic injury the division may award an additional amount not to exceed ten thousand dollars ($10,000.00) to the victim to cover future lost wages, special medical needs and any other special assistance needed as a result of the injury. The additional award may be made only for economic losses occurring within twenty-four (24) months after the date of the injury or discovery of the crime.Amended by Laws 2019 , ch. 11, § 1, eff. 7/1/2019.