Idaho State Statutes - Idaho Attorney Directory

(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 pursuant to regulation of the industrial commission.
(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.

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