2005 Idaho Code - 72-1019 — COMPENSATION BENEFITS

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 10
                          CRIME VICTIMS COMPENSATION
    72-1019.  COMPENSATION BENEFITS. (1) A claimant is entitled to weekly
compensation benefits when the claimant has a total actual loss of wages due
to injury as a result of criminally injurious conduct. During the time the
claimant seeks such weekly benefits, the claimant, as a result of such injury,
must have no reasonable prospect of being regularly employed  in  the normal
labor market. The weekly benefit amount is sixty-six and two-thirds percent
(66 2/3%) of the wages received at the time of the criminally injurious
conduct, subject to a maximum of one hundred seventy-five dollars ($175).
Weekly compensation payments shall be made at the end of each two (2) week
period. No weekly compensation payments may be paid for the first week after
the criminally injurious conduct occurred, but if total actual loss of wages
continues for one (1) week, weekly compensation payments shall be paid from
the date the wage loss began. Weekly compensation payments shall continue
until the claimant has a reasonable prospect of being regularly employed in
the normal labor market.
    (2)  The commission may order payment of reasonable expenses actually
incurred by the claimant for reasonable services by a physician or surgeon,
reasonable hospital services and medicines, mental health counseling and care,
and such other treatment as may be approved by the commission for the injuries
suffered due to criminally injurious conduct. Payment for the costs of
forensic and medical examinations of alleged victims of sexual assault
performed for the purposes of gathering evidence for possible prosecution,
after collections from any third party who has liability, shall be made by the
commission. The commission shall establish a procedure for summary processing
of such claims.
    (3)  (a) The dependents of a victim who is killed as a result of
    criminally injurious conduct are entitled to receive aggregate weekly
    benefits amounting to sixty-six and two-thirds percent (66 2/3%) of the
    wages received at the time of the criminally injurious conduct causing the
    death, subject to a maximum of one hundred seventy-five dollars ($175) per
    week. Weekly compensation payments shall be made at the end of each two
    (2) week period.
    (b)  Benefits under subsection (3)(a) of this section shall be paid to the
    spouse for the benefit of the spouse and other dependents unless the
    commission determines that other payment arrangements should be made. If a
    spouse dies or remarries, benefits under subsection (3)(a) shall cease to
    be paid to the spouse but shall continue to be paid to the other
    dependents so long as their dependent status continues.
    (4)  Reasonable funeral and burial or cremation expenses of the victim,
together with actual expenses of transportation of the victim's body, shall be
paid in an amount not exceeding five thousand dollars ($5,000) if all other
collateral sources have properly paid such expenses but have not covered all
such expenses.
    (5)  (a) Compensation payable to a victim and all of the victim's
    dependents in cases of the victim's death, because of injuries suffered
    due to an act or acts of criminally injurious conduct involving the same
    offender and occurring within a six (6) month period, may not exceed
    twenty-five thousand dollars ($25,000) in the aggregate.
    (b)  The limitation of subsection (5)(a) of this section is subject to the
    further limitation that payments for mental health treatment received as a
    result of the victim's injury may not exceed two thousand five hundred
    dollars ($2,500) unless the industrial commission finds extenuating
    circumstances. If the commission finds a victim to have extenuating
    circumstances as defined in section 72-1003, Idaho Code, the victim is
    eligible for payments up to the maximum benefit allowed under paragraph
    (a) of this subsection (5). The commission shall reevaluate the victim's
    qualifications for extenuating circumstances not less often than annually.
    (6)  Compensation benefits are not payable for pain and suffering or
property damage.
    (7)  (a) A person who has suffered injury as a result of criminally
    injurious conduct and as a result of such injury has no reasonable
    prospect of being regularly employed in the normal labor market, who was
    employable but was not employed at the time of such injury, may in the
    discretion of the commission be awarded weekly compensation benefits in an
    amount determined by the commission not to exceed one hundred fifty
    dollars ($150) per week. Weekly compensation payments shall continue until
    the claimant has a reasonable prospect of being regularly employed in the
    normal labor market or for a shorter period as determined by the
    commission. The claimant shall be awarded  benefits as provided in
    subsection (2) of this section.
    (b)  The dependents of a victim who is killed as a result of criminally
    injurious conduct and who was employable but not employed at the time of
    death, may, in the discretion of the commission, be awarded, in an
    aggregate amount payable to all dependents, a sum not to exceed one
    hundred fifty dollars ($150) per week which shall be payable in the manner
    and for the period provided by subsection (3)(b) of this section or for
    such shorter period as determined by the commission. The claimant shall be
    awarded benefits as provided in subsection (4) of this section.
    (c)  Compensation payable to a victim or a victim's dependents under this
    subsection may not exceed twenty thousand dollars ($20,000), and the
    limitations of subsection (6) of this section apply to compensation under
    this subsection (7).
    (8)  Amounts payable as weekly compensation may not be commuted to a lump
sum and may not be paid less frequently than every two (2) weeks.
    (9)  (a) Subject to the limitations in subsections (9)(b) and (9)(c) of
    this section, the spouse, parent, grandparent, child, grandchild, brother
    or sister of a victim who is killed, kidnapped, sexually assaulted or
    subjected to domestic violence or child injury is entitled to
    reimbursement for mental health treatment received as a result of such
    criminally injurious conduct.
    (b)  Total payments made under subsection (9)(a) of this section, may not
    exceed five hundred dollars ($500) for each person or one thousand five
    hundred dollars ($1,500) for a family.
    (c)  With regard to claims filed pursuant to this section, in order for
    family members of victims of crime to be entitled to benefits, the victim
    of the crime must also have been awarded benefits for the crime itself.
    (10) A claimant or a spouse, parent, child or sibling of a claimant or
victim may be reimbursed for his or her expenses for necessary travel incurred
in connection with obtaining benefits covered pursuant to this chapter and in
accordance with rules of the commission.