Wis. Admin. Code Department of Justice Jus 11.04 - Economic loss
The department may make awards for unreimbursed economic losses as follows:
(1) Actual cost of
reasonable and necessary medical treatment, subject to the limits set forth
under s.
949.06(1) (bg), Stats.
(2) Loss of actual earnings if the victim was
employed or loss of potential earnings if the victim was not employed at the
time of the crime based upon a sufficient showing by the victim that the victim
incurred an actual loss of earnings. The department shall determine an award
for work loss incurred as a direct result of an injury as follows:
(a) If the victim was employed at the time of
the injury, an award for work loss shall be equal to the victim's unreimbursed
net salary. In this paragraph "net salary" means income less deductions for
federal withholding tax, state withholding tax, Medicare, and FICA tax. In this
paragraph "disability period" means the length of time a victim is unable to
work as a direct result of personal injuries caused by the crime.
(b) If the victim was not employed at the
time of the injury or, if as a direct result of the injury, the victim suffered
a disability causing a loss of potential earnings, the award may be based upon
a sufficient showing by the victim that the victim incurred an actual loss of
earnings. The victim must have received an offer of employment and must have
been unable to begin employment as a direct result of a disability caused by
the crime.
(c) The amount of the
award under pars. (a) and (b) may be reduced by any income from substitute work
actually performed by the victim or by income the victim would have earned in,
[if] available, appropriate substitute work the victim was capable of
performing but unreasonably failed to undertake.
(d) If the victim was self-employed at the
time of the injury, the loss of actual earnings may be determined by taking
into account the net business profit reported on the previous year's federal
income tax return or the current year's net business profit based on current
financial records. Net loss of earnings shall be determined by deducting
self-employment tax as set forth by the IRS, federal withholding tax, state
withholding tax, Medicare, and FICA tax from the net business profit.
(dm) The disability period shall be
determined by a physician if it exceeds 2 weeks from the date of the crime. If
a physician determines that a claimant's disability is partially related to the
victimization, the department shall reimburse the percentage of lost net wages
determined by the physician to be directly related to the crime.
(e) If the victim failed to report earnings
to federal and state revenue departments, if required to do so by law, the
department may not make an award under this subsection based upon any such
unreported income.
(2m)
The department may award each parent of a victim not more than $3,000 total for
reimbursement of mental health treatment and for work loss directly related to
the crime.
(3) Actual costs of
ordinary, necessary and reasonable household and caregiver services in an
amount sufficient to ensure that the victim's duties and responsibilities are
continued until the victim is able to resume the performance of the duties or
until the cost of services reaches the maximum allowable under s.
949.08(1m) (a), Stats., whichever is less. The
department may require that a physician certify that the victim is unable to
perform the household or caretaker duties and responsibilities.
(3m) If as a direct result of the injury, the
victim suffered a protracted disability, reasonable and necessary housing
accessibility adaptations, not to exceed the limitations of s.
949.06(1) (br), Stats.
(4) Reasonable replacement value of any
clothing and bedding that is held for evidentiary purposes, not to exceed the
limitations of s.
949.06(1) (c), Stats.
(4m) Reasonable replacement value of any
computer or mobile telephone that is held for evidentiary purposes, not to
exceed the limitations of s.
949.06(1) (cg), Stats.
(5) Reasonable replacement value of property,
other than clothing and bedding under s.
949.06(1) (c), Stats., that is held for evidentiary
purposes and is rendered unusable as a result of crime laboratory testing, not
to exceed the limitations of s.
949.06(1) (cm), Stats.
(6) Reasonable funeral and burial expenses
not to exceed the limitations of s.
949.06(1) (d), Stats. The costs of a reception, wake,
or purchase of clothing for burial are not recoverable expenses under this
section.
(7) Loss of support, which
shall be determined on the basis of the victim's net annual income at the time
of death, and calculated in accordance with s.
949.06(1) (e), Stats.
(8) Reasonable and necessary costs associated
with securing and cleaning up a crime scene not to exceed the limitations under
s.
949.06(1) (f), Stats. In this subsection:
(a) "Securing a crime scene" means taking
reasonable steps to make the crime scene free of danger and the risk of future
loss.
(b) "Cleaning up a crime
scene" means removing or attempting to remove from the crime scene any stains
or debris caused by the crime or the processing of the crime scene.
Notes
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