Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 80 - CRIME VICTIM'S REPARATIONS COMMITTEE › Chapter 3 - COMPENSATION › Section 80-3-003 - Award of Compensation

Current through June 17, 2024
Compensation, if allowed, shall be awarded pursuant to the
				  following limitations:
003.01 - Any
				award for medical, mental health counseling, hospital or pharmaceutical
				expenses actually and reasonably incurred shall be limited to actual costs for
				necessary services rendered by a licensed medical, mental health, hospital,
				pharmaceutical facility, or individual as related to the incident which caused
				the injury or death of the victim. No private room rates are allowed.
				Compensation for mental health counseling shall not be awarded in excess of
				$2,000,00.
003.02 - Any awards for
				loss of earning power shall be limited to cases where total or partial
				disability is proven and where proof of actual and reasonable rehabilitative
				services Is presented.
003.03 - A
				pecuniary loss award to a surviving dependent shall be considered as one
				application and In no event shall any award exceed the maximum stated in the
				Act and Title 80.
003.04 - Lost
				wages shall be paid only to a victim, or to a claimant who is responsible for
				the maintenance of the victim, who is employed at the time of the incident. In
				addition, lost wages shall only be paid for the period the victim or claimant
				is unable to work due to the victim's injuries as a direct result of the
				incident. Time unable to work due to the victim's injuries will be determined
				by a doctor's release as certified by a licensed medical provider. Lost wages
				shall be computed pursuant to the provisions of Chapter 48, Article I, of the
				Nebraska Revised Statutes and any amendments thereto relating to total
				disability, subject to the limitations in this Act, including those in Nebraska
				Revised Statutes
				81-1814,
				81-1816,
				and
				81-1823.
				No award shall be allowed for use of accumulated sick leave, vacation leave,
				paid time off, unemployment, or disability payments during the disability
				period.
003.05 - Any claim
				containing a combination of two
or
more compensable damages
				listed herein shall not be awarded in excess of the limitation contained in
				Neb.Rev.Stat. §
									81-1823.
003.06 - In the case of death of the victim,
				funeral and burial expenses incurred by an eligible applicant shall not be
				awarded in excess of $5,
				000.00. Expenses for food, alcohol,
				and flowers are not reimbursable.
003.07 - Compensation for mental health
				counseling shall be considered on a case by case basis for minor children of
				victims of homicide, sexual assault, felony assault, domestic violence, or
				kidnapping. Claims for compensation for mental health counseling for the
				victim's minor children must be received by the Crime Victim's Reparations
				program within two years of the date of the incident.
003.08 - Reasonable expenses incurred for the
				cleaning of a residential crime scene shall not exceed $1,
				000.00.
003.09 - Attorney fees shall be considered
				for legal services rendered in assisting the victim or claimant in filing a
				claim for compensation and shall not exceed five percent of the total award.
003.10 - If sufficient funds are
				not available, the Committee or Hearing Officer may order a partial payment on
				a claim. If funds do not become available within two years, the Committee or
				Hearing Officer may defer payment on the remainder of the claim and close the
				file without prejudice. The Committee or Hearing Officer, in determining the
				amount of compensation payable on an eligible claim, may consider the following
				factors in determining the amount and date of payment:
003.10A - Rate and amount of compensation
				payable for injuries and death under other laws of this state and of the United
				States;
003.10B -The availability
				of funds appropriated for the purpose of Nebraska Revised Statute §
										81-1801
				et seq.