3 Miss. Code. R. 1-03-303 - Lost Wages

1. Eligible expenses:

a. Lost wages may be eligible for work missed by the victim during recovery of physical injuries and/or psychological trauma, herein known as victim lost wages.

b. Lost wages may be eligible for work missed by the claimant during the victim's recovery of physical injuries and/or psychological trauma, herein known as claimant lost wages.

c. Lost wages may be eligible for work missed by the victim or claimant to attend criminal proceedings of the case which the claim is based, herein known as court related lost wages.

d. Lost wages may be eligible for work missed by the claimant to make funeral arrangements, attend services and for bereavement, herein known as bereavement lost wages.

e. Other limitations do apply and are discussed further in this chapter.

2. Victim eligibility:

a. The victim must otherwise qualify for compensation before any award can be considered.

b. Wage loss for the victim shall be limited to:

i. cases in which the victim had a loss of earnings during recovery of physical injuries and/or psychological trauma, attended medical appointments and/or attended mental health counseling sessions; and

ii. cases in which the victim had a loss of earnings to attend criminal proceedings.

c. The victim must provide all requested supporting documentation.

3. Claimant eligibility:

a. The victim/claimant must otherwise qualify for compensation before any award can be considered;

b. Wage loss for the claimant shall be limited to:

i. cases in which the claimant had a loss of earnings in order to assist victim during the victim's recovery of physical injuries, accompanied victim to mental health counseling sessions and/or accompanied victim to medical appointments;

ii. cases in which the claimant had a loss of earnings to attend criminal proceedings; and

iii. cases in which the claimant had a loss of earnings to make funeral arrangements, attend the services and/or for bereavement time.

c. The victim/claimant must provide all requested supporting documentation.

4. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:

a. The victim and/or claimant shall provide report of earnings and collateral source information.

b. If loss of work due to victims physical injuries and/or psychological trauma is longer than one work week, the victim or claimant shall provide a disability statement from the victim's attending licensed medical doctor or doctor of osteopathy licensed to practice medicine (See Exception in § 303 [4] [c]) indicating the duration of the victim's disability.

c. The disability statement shall be signed by a licensed medical doctor or doctor of osteopathy licensed to practice medicine. Disability statements signed by any other provider, such as therapists, shall not be accepted for consideration.

Exception: Victim/Claimant may submit a Statement of Disability Report form completed and signed by a (certified) advanced practice registered nurse in lieu of a licensed medical doctor or doctor of osteopathy licensed to practice medicine. If the disability period appears to be unreasonable, then the victim/claimant will be required to have a licensed medical doctor or doctor of osteopathy licensed to practice medicine complete the form. This will be determined on a case-by-case basis.

d. The disability statement may not be required if there was a loss of work for the victim to attend medical appointments and/or mental health counseling sessions. These claims will be determined on a case-by-case basis.

e. If the victim or claimant is self-employed, the victim or claimant shall provide documentation of wage loss. The victims or claimant's federal income tax return for the year prior to the crime or the year in which the crime occurred is required. In addition, the victim and/or claimant must also verify work missed by signing a loss of work affirmation.

f. If the wages are based upon variable earnings, the victim or claimant shall provide documentation as determined by the Division to substantiate continuous employment and earnings information. Estimated earnings not supported by past employment information or earnings statements shall not be eligible. Employment with variable earnings includes, but not limited to: seasonal work, part-time work or work with payment of sales commissions.

g. If the victim or claimant is paid in cash, the victim or claimant must submit a federal income tax return for the year prior to the crime and/or the year in which the crime occurred in order to substantiate wages. If the victim or claimant failed to file income taxes with the Internal Revenue Service or state of residency as required by law, then lost wages shall be denied.

h. If the victim or claimant fails to provide a copy of a federal income tax return as requested, the lost wages shall be denied.

i. Lost wages to attend criminal proceedings shall be verified by the appropriate law enforcement agency, court official or district attorneys office.

j. Additional information and supporting documentation may be requested for further determination on an as-needed basis.

5. Limitations: The following shall apply:

a. Victim must have been employed or receiving unemployment or Workers Compensation benefits, at time of the crime.

b. Claimant must have been employed at time of the crime.

c. The amount of the award shall be based on the victim's/claimant's average gross income and reduced by estimated taxes and any available collateral sources. The average gross income is based on income for the 12 weeks prior to the crime, if 12 weeks of income information is available. (If the victim/claimant had worked less than 12 weeks prior to the crime, the available supporting documentation for the number of weeks worked will be used to calculate lost wages.) The award is calculated by using the average gross income minus estimated taxes of 15% or 20%. If the victim's/claimant's gross annual income was less than $25,000.00, a tax reduction rate of 15% will be applied. If the victim's/claimant's gross annual income was more than $25,000.00, a tax reduction of 20% will be applied. The amount of the award will then be reduced by any available collateral sources such as disability insurance or Social Security.

d. The amount of the award for a self-employed victim/claimant will be based on the victim's/claimant's gross income listed on the federal income tax return and reduced by estimated taxes and any available collateral sources. The award is calculated by using the gross income minus taxes of 15% or 20%. If the victim's/claimant's gross annual income was less than $25,000.00, a tax reduction rate of 15% will be applied. If the victim's/claimant's gross annual income was more than $25,000.00, a tax reduction rate of 20% will be applied. The amount of the award will then be reduced by any available collateral sources such as disability insurance or Social Security.

e. The amount of the award shall be reduced by any income from substitute work actually performed by the victim or claimant.

f. The amount of the award shall be reduced by income the victim or claimant would have earned if appropriate substitute work the victim or claimant was capable of performing was available, but the victim or claimant unreasonably failed to undertake.

g. No anticipated work shall be considered for compensation, unless the victim or claimant had been hired by an employer and was unable to begin employment as a result of the crime related injuries. The victim or claimant shall verify that he or she was employed at the time of the crime, but the beginning employment date was after the date the crime occurred. Employment and the duration of disability must be verified in the same manner as above.

h. Compensation for victim lost wages may not exceed 1) Six Hundred Dollars ($600.00) per week, 2) a total of fifty-two (52) weeks, and 3) the maximum available benefit amount allowed.

i. Compensation for claimant lost wages may not exceed 1) Six Hundred Dollars ($600.00) per week, 2) a total of fifty-two (52) weeks; and 3) the maximum available benefit amount allowed.

j. Compensation for court related lost wages to attend criminal proceedings may not exceed Six Hundred Dollars ($600.00) per week, not to exceed one (1) week.

k. Compensation for court related lost wages will be determined on a case-by-case basis.

l. Compensation for bereavement lost wages may not exceed Six Hundred Dollars ($600.00) per week, not to exceed one (1) week.

m. Bereavement lost wages will be determined on a case-by-case basis.

n. If there is more than one (1) claimant per request for bereavement lost wages, the amount of compensation shall be prorated among the claimant's and the total amount of the award may not exceed Six Hundred Dollars ($600.00).

o. The total amount for victim or claimant lost wages may not exceed the aggregate limitation of Twenty Thousand Dollars ($20,000.00).

p. The victim and/or claimant may both receive compensation for lost wages during the victim's recovery of crime related injuries and/or to attend criminal proceedings. The amount of compensation shall be prorated among the victim and claimant and the total amount of the award may not exceed 1) Six Hundred Dollars ($600.00) per week, 2) a total of 52 weeks, and 3) the maximum available benefit amount allowed.

q. The Division will evaluate each request for lost wages on a case-by-case basis to determine reasonableness and duration of work loss.

r. Payment may be provided in a lump sum, but any payment for future economic loss may not exceed One Thousand Dollars ($1,000.00) and may be made only for a period as to which future economic loss can reasonably be determined.

s. An award for future economic loss may be modified upon findings that a material and substantial change of circumstances has occurred.

t. If any victim and/or claimant is in arrears for child support and a court order is in effect to retrieve child support payments from the victim and/or claimant, the Mississippi Department of Human Services will determine the amount owed by the victim and/or claimant for child support to be deducted from any lost wages owed the victim and/or claimant and that amount will be submitted to the Mississippi Department of Human Services for appropriate distribution.

u. Lost wages for work missed by a claimant (who is not the victim) to recover from his/her (the claimant's) mental/physical health issues relating to the crime (on which the claim is based) are not eligible for payment.

Notes

3 Miss. Code. R. 1-03-303