{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-368.11_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-368.11_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-368.11_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-368.11_1.html"}],"law_id":76311,"edition_id":1,"section_id":76311,"structure_id":14498,"section_number":"19.2-368.11:1","catch_line":"Amount of award","history":"1986, c. 457; 1988, c. 748; 1989, c. 335; 1990, c. 552; 1992, c. 687; 1996, c. 86; 1998, c. 484; 2000, c. 847; 2002, c. 665; 2005, c. 683; 2007, c. 381; 2008, cc. 203, 251; 2014, c. 665; 2019, c. 524; 2025, cc. 244, 225.","full_text":"A\n\nCompensation for Total Loss of Earnings: An award made pursuant to this chapter for total loss of earnings that results directly from incapacity incurred by a crime victim shall be payable during total incapacity to the victim or to such other eligible person, at a weekly compensation rate equal to 66-2\/3 percent of the victim’s average weekly wages. The victim’s average weekly wages shall be determined as provided in § 65.2-101.B\n\nCompensation for Partial Loss of Earnings: An award made pursuant to this chapter for partial loss of earnings that results directly from incapacity incurred by a crime victim shall be payable during incapacity at a weekly rate equal to 66-2\/3 percent of the difference between the victim’s average weekly wages before the injury and the weekly wages that the victim is able to earn thereafter. The combined total of actual weekly earnings and compensation for partial loss of earnings shall not exceed $600 per week.C\n\nCompensation for Loss of Earnings of Parent of Minor Victim: The parent or guardian of a minor crime victim may receive compensation for loss of earnings, calculated as specified in subsections A and B, for time spent obtaining medical treatment for the child and for accompanying the child to, attending or participating in investigative, prosecutorial, judicial, adjudicatory and post-conviction proceedings.D\n\nCompensation for Dependents of a Victim Who Is Killed: If death results to a victim of crime entitled to benefits, dependents of the victim shall be entitled to compensation in accordance with the provisions of §§ 65.2-512 and 65.2-515 in an amount not to exceed the maximum aggregate payment or the maximum weekly compensation that would have been payable to the deceased victim under this section.E\n\nCompensation for Unreimbursed Medical Costs, Funeral Expenses, Services, etc.: Awards may also be made on claims or portions of claims based upon the claimant’s actual expenses incurred as are determined by the Commission to be appropriate, for (i) unreimbursed medical expenses or indebtedness reasonably incurred for medical expenses; (ii) expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim would have performed, for the benefit of himself and his family, if he had not been a victim of crime; (iii) expenses directly related to funeral or burial, not to exceed $10,000; (iv) expenses attributable to pregnancy resulting from forcible rape; (v) mental health counseling for survivors as defined under subdivisions A 2 and A 4 of § 19.2-368.4, not to exceed $3,500 per claim; (vi) reasonable and necessary moving expenses, not to exceed $2,000, incurred by a victim or survivors as defined under subdivisions A 2 and A 4 of § 19.2-368.4; and (vii) any other reasonable and necessary expenses and indebtedness incurred as a direct result of the injury or death upon which such claim is based, not otherwise specifically provided for. Notwithstanding any other provision of law, a person who is not eligible for an award under subsection A of § 19.2-368.4 who pays expenses directly related to funeral or burial is eligible for reimbursement subject to the limitations of this section.F\n\nNotwithstanding the provisions of subdivision 3 of § 19.2-368.10, §§ 19.2-368.5, 19.2-368.5:1, 19.2-368.6, 19.2-368.7, and 19.2-368.8, subsection G of this section, and § 19.2-368.16, the Criminal Injuries Compensation Fund shall pay for physical evidence recovery kit examinations conducted on victims of sexual assault. Any individual that submits to and completes a physical evidence recovery kit examination shall be considered to have met the reporting requirements of this chapter. Funds paid for physical evidence recovery kit collection shall not be offset against the Fund’s maximum allowable award as provided in subsection H. Payments may be subject to negotiated agreements with the provider. Health care providers that complete physical evidence recovery kit examinations may bill the Fund directly subject to the provisions of § 19.2-368.5:2. The Commission shall develop policies for a distinct payment process for physical evidence recovery kit examination expenses as required under subdivision 1 of § 19.2-368.3.\n\t\t\tIn order for the Fund to consider additional crime-related expenses, victims shall file with the Fund following the provisions of this chapter and Criminal Injuries Compensation Fund policy.G\n\nAny claim made pursuant to this chapter shall be reduced by the amount of any payments received or to be received as a result of the injury from or on behalf of the person who committed the crime or from any other public or private source, including an emergency award by the Commission pursuant to § 19.2-368.9.H\n\nTo qualify for an award under this chapter, a claim must have a minimum value of $100, and payments for injury or death to a victim of crime, to the victim’s dependents or to others entitled to payment for covered expenses, after being reduced as provided in subsection G, shall not exceed $35,000 in the aggregate.","order_by":null,"text":{"0":{"id":273954,"text":"Compensation for Total Loss of Earnings: An award made pursuant to this chapter for total loss of earnings that results directly from incapacity incurred by a crime victim shall be payable during total incapacity to the victim or to such other eligible person, at a weekly compensation rate equal to 66-2\/3 percent of the victim’s average weekly wages. The victim’s average weekly wages shall be determined as provided in § 65.2-101.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273955,"text":"Compensation for Partial Loss of Earnings: An award made pursuant to this chapter for partial loss of earnings that results directly from incapacity incurred by a crime victim shall be payable during incapacity at a weekly rate equal to 66-2\/3 percent of the difference between the victim’s average weekly wages before the injury and the weekly wages that the victim is able to earn thereafter. The combined total of actual weekly earnings and compensation for partial loss of earnings shall not exceed $600 per week.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273956,"text":"Compensation for Loss of Earnings of Parent of Minor Victim: The parent or guardian of a minor crime victim may receive compensation for loss of earnings, calculated as specified in subsections A and B, for time spent obtaining medical treatment for the child and for accompanying the child to, attending or participating in investigative, prosecutorial, judicial, adjudicatory and post-conviction proceedings.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":273957,"text":"Compensation for Dependents of a Victim Who Is Killed: If death results to a victim of crime entitled to benefits, dependents of the victim shall be entitled to compensation in accordance with the provisions of §§ 65.2-512 and 65.2-515 in an amount not to exceed the maximum aggregate payment or the maximum weekly compensation that would have been payable to the deceased victim under this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":273958,"text":"Compensation for Unreimbursed Medical Costs, Funeral Expenses, Services, etc.: Awards may also be made on claims or portions of claims based upon the claimant’s actual expenses incurred as are determined by the Commission to be appropriate, for (i) unreimbursed medical expenses or indebtedness reasonably incurred for medical expenses; (ii) expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim would have performed, for the benefit of himself and his family, if he had not been a victim of crime; (iii) expenses directly related to funeral or burial, not to exceed $10,000; (iv) expenses attributable to pregnancy resulting from forcible rape; (v) mental health counseling for survivors as defined under subdivisions A 2 and A 4 of § 19.2-368.4, not to exceed $3,500 per claim; (vi) reasonable and necessary moving expenses, not to exceed $2,000, incurred by a victim or survivors as defined under subdivisions A 2 and A 4 of § 19.2-368.4; and (vii) any other reasonable and necessary expenses and indebtedness incurred as a direct result of the injury or death upon which such claim is based, not otherwise specifically provided for. Notwithstanding any other provision of law, a person who is not eligible for an award under subsection A of § 19.2-368.4 who pays expenses directly related to funeral or burial is eligible for reimbursement subject to the limitations of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":273959,"text":"Notwithstanding the provisions of subdivision 3 of § 19.2-368.10, §§ 19.2-368.5, 19.2-368.5:1, 19.2-368.6, 19.2-368.7, and 19.2-368.8, subsection G of this section, and § 19.2-368.16, the Criminal Injuries Compensation Fund shall pay for physical evidence recovery kit examinations conducted on victims of sexual assault. Any individual that submits to and completes a physical evidence recovery kit examination shall be considered to have met the reporting requirements of this chapter. Funds paid for physical evidence recovery kit collection shall not be offset against the Fund’s maximum allowable award as provided in subsection H. Payments may be subject to negotiated agreements with the provider. Health care providers that complete physical evidence recovery kit examinations may bill the Fund directly subject to the provisions of § 19.2-368.5:2. The Commission shall develop policies for a distinct payment process for physical evidence recovery kit examination expenses as required under subdivision 1 of § 19.2-368.3.\n\t\t\tIn order for the Fund to consider additional crime-related expenses, victims shall file with the Fund following the provisions of this chapter and Criminal Injuries Compensation Fund policy.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":273960,"text":"Any claim made pursuant to this chapter shall be reduced by the amount of any payments received or to be received as a result of the injury from or on behalf of the person who committed the crime or from any other public or private source, including an emergency award by the Commission pursuant to § 19.2-368.9.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":273961,"text":"To qualify for an award under this chapter, a claim must have a minimum value of $100, and payments for injury or death to a victim of crime, to the victim’s dependents or to others entitled to payment for covered expenses, after being reduced as provided in subsection G, shall not exceed $35,000 in the aggregate.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14498,"edition_id":1,"name":"Compensating Victims of Crime","identifier":"21.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:22","date_modified":"2026-06-26 03:48:22","permalink":{"id":170139,"object_type":"structure","relational_id":14498,"identifier":"21.1","token":"19.2\/21.1","url":"\/19.2\/21.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55906,"structure_id":14498,"section_number":"19.2-368.1","catch_line":"Findings; legislative intent","url":"\/19.2-368.1\/","token":"19.2\/21.1\/19.2-368.1","metadata":false},{"id":55954,"structure_id":14498,"section_number":"19.2-368.10","catch_line":"When awards to be made; reporting crime to law enforcement","url":"\/19.2-368.10\/","token":"19.2\/21.1\/19.2-368.10","metadata":false},{"id":79749,"structure_id":14498,"section_number":"19.2-368.11","catch_line":"Repealed","url":"\/19.2-368.11\/","token":"19.2\/21.1\/19.2-368.11","metadata":false},{"id":76311,"structure_id":14498,"section_number":"19.2-368.11:1","catch_line":"Amount of award","url":"\/19.2-368.11_1\/","token":"19.2\/21.1\/19.2-368.11_1","metadata":false},{"id":81425,"structure_id":14498,"section_number":"19.2-368.12","catch_line":"Awards not subject to execution or attachment; apportionment; reductions","url":"\/19.2-368.12\/","token":"19.2\/21.1\/19.2-368.12","metadata":false},{"id":57970,"structure_id":14498,"section_number":"19.2-368.13","catch_line":"Repealed","url":"\/19.2-368.13\/","token":"19.2\/21.1\/19.2-368.13","metadata":false},{"id":57918,"structure_id":14498,"section_number":"19.2-368.14","catch_line":"Public record; exception","url":"\/19.2-368.14\/","token":"19.2\/21.1\/19.2-368.14","metadata":false},{"id":64326,"structure_id":14498,"section_number":"19.2-368.15","catch_line":"Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected","url":"\/19.2-368.15\/","token":"19.2\/21.1\/19.2-368.15","metadata":false},{"id":60267,"structure_id":14498,"section_number":"19.2-368.16","catch_line":"Claims to be made under oath","url":"\/19.2-368.16\/","token":"19.2\/21.1\/19.2-368.16","metadata":false},{"id":57112,"structure_id":14498,"section_number":"19.2-368.17","catch_line":"Public information program","url":"\/19.2-368.17\/","token":"19.2\/21.1\/19.2-368.17","metadata":false},{"id":63415,"structure_id":14498,"section_number":"19.2-368.18","catch_line":"Criminal Injuries Compensation Fund","url":"\/19.2-368.18\/","token":"19.2\/21.1\/19.2-368.18","metadata":false},{"id":69386,"structure_id":14498,"section_number":"19.2-368.2","catch_line":"Definitions","url":"\/19.2-368.2\/","token":"19.2\/21.1\/19.2-368.2","metadata":false},{"id":82147,"structure_id":14498,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","url":"\/19.2-368.3\/","token":"19.2\/21.1\/19.2-368.3","metadata":false},{"id":73425,"structure_id":14498,"section_number":"19.2-368.3:1","catch_line":"Crime victims' ombudsman","url":"\/19.2-368.3_1\/","token":"19.2\/21.1\/19.2-368.3_1","metadata":false},{"id":68295,"structure_id":14498,"section_number":"19.2-368.4","catch_line":"Persons eligible for awards","url":"\/19.2-368.4\/","token":"19.2\/21.1\/19.2-368.4","metadata":false},{"id":78180,"structure_id":14498,"section_number":"19.2-368.5","catch_line":"Filing of claims; deferral of proceedings; restitution","url":"\/19.2-368.5\/","token":"19.2\/21.1\/19.2-368.5","metadata":false},{"id":69624,"structure_id":14498,"section_number":"19.2-368.5:1","catch_line":"Failure to perfect claim; denial","url":"\/19.2-368.5_1\/","token":"19.2\/21.1\/19.2-368.5_1","metadata":false},{"id":79106,"structure_id":14498,"section_number":"19.2-368.5:2","catch_line":"Effect of filing a claim; stay of debt collection activities by health care providers","url":"\/19.2-368.5_2\/","token":"19.2\/21.1\/19.2-368.5_2","metadata":false},{"id":78054,"structure_id":14498,"section_number":"19.2-368.6","catch_line":"Assignment of claims; investigation; hearing; confidentiality of records; decisions","url":"\/19.2-368.6\/","token":"19.2\/21.1\/19.2-368.6","metadata":false},{"id":72327,"structure_id":14498,"section_number":"19.2-368.7","catch_line":"Review by Commission","url":"\/19.2-368.7\/","token":"19.2\/21.1\/19.2-368.7","metadata":false},{"id":79821,"structure_id":14498,"section_number":"19.2-368.8","catch_line":"Reinvestigation of decision; reconsideration of award; judicial review","url":"\/19.2-368.8\/","token":"19.2\/21.1\/19.2-368.8","metadata":false},{"id":69058,"structure_id":14498,"section_number":"19.2-368.9","catch_line":"Emergency awards","url":"\/19.2-368.9\/","token":"19.2\/21.1\/19.2-368.9","metadata":false}],"previous_section":{"id":79749,"structure_id":14498,"section_number":"19.2-368.11","catch_line":"Repealed","url":"\/19.2-368.11\/","token":"19.2\/21.1\/19.2-368.11","metadata":false},"next_section":{"id":81425,"structure_id":14498,"section_number":"19.2-368.12","catch_line":"Awards not subject to execution or attachment; apportionment; reductions","url":"\/19.2-368.12\/","token":"19.2\/21.1\/19.2-368.12","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-368.11:1\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 457 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapter 748; in 1989, chapter 335; in 1990, chapter 552; in 1992, chapter 687; in 1996, chapter 86<\/a>; in 1998, chapter 484<\/a>; in 2000, chapter 847<\/a>; in 2002, chapter 665<\/a>; in 2005, chapter 683<\/a>; in 2007, chapter 381<\/a>; in 2008, chapters 203<\/a> and 251<\/a>; in 2014, chapter 665<\/a>; in 2019, chapter 524<\/a>; in 2025, chapters 244<\/a> and 225<\/a>.<\/p>","references":[{"id":67452,"section_number":"19.2-165.1","catch_line":"Payment of medical fees in certain criminal cases; reimbursement","order_by":null,"url":"\/19.2-165.1\/"},{"id":82147,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","order_by":null,"url":"\/19.2-368.3\/"},{"id":79106,"section_number":"19.2-368.5:2","catch_line":"Effect of filing a claim; stay of debt collection activities by health care providers","order_by":null,"url":"\/19.2-368.5_2\/"},{"id":78054,"section_number":"19.2-368.6","catch_line":"Assignment of claims; investigation; hearing; confidentiality of records; decisions","order_by":null,"url":"\/19.2-368.6\/"}],"refers_to":[{"id":55954,"section_number":"19.2-368.10","catch_line":"When awards to be made; reporting crime to law enforcement","order_by":null,"url":"\/19.2-368.10\/"},{"id":60267,"section_number":"19.2-368.16","catch_line":"Claims to be made under oath","order_by":null,"url":"\/19.2-368.16\/"},{"id":82147,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","order_by":null,"url":"\/19.2-368.3\/"},{"id":68295,"section_number":"19.2-368.4","catch_line":"Persons eligible for awards","order_by":null,"url":"\/19.2-368.4\/"},{"id":78180,"section_number":"19.2-368.5","catch_line":"Filing of claims; deferral of proceedings; restitution","order_by":null,"url":"\/19.2-368.5\/"},{"id":69624,"section_number":"19.2-368.5:1","catch_line":"Failure to perfect claim; denial","order_by":null,"url":"\/19.2-368.5_1\/"},{"id":79106,"section_number":"19.2-368.5:2","catch_line":"Effect of filing a claim; stay of debt collection activities by health care providers","order_by":null,"url":"\/19.2-368.5_2\/"},{"id":78054,"section_number":"19.2-368.6","catch_line":"Assignment of claims; investigation; hearing; confidentiality of records; decisions","order_by":null,"url":"\/19.2-368.6\/"},{"id":72327,"section_number":"19.2-368.7","catch_line":"Review by Commission","order_by":null,"url":"\/19.2-368.7\/"},{"id":79821,"section_number":"19.2-368.8","catch_line":"Reinvestigation of decision; reconsideration of award; judicial review","order_by":null,"url":"\/19.2-368.8\/"},{"id":56660,"section_number":"65.2-512","catch_line":"Compensation to dependents of an employee killed; burial expenses","order_by":null,"url":"\/65.2-512\/"},{"id":57788,"section_number":"65.2-515","catch_line":"Persons conclusively presumed to be wholly dependent","order_by":null,"url":"\/65.2-515\/"},{"id":79029,"section_number":"66-2","catch_line":"Supervision of the Department","order_by":null,"url":"\/66-2\/"}],"permalink":{"id":170153,"object_type":"law","relational_id":76311,"identifier":"19.2-368.11:1","token":"19.2\/21.1\/19.2-368.11_1","url":"\/19.2-368.11_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-368.11_1\/","token":"19.2\/21.1\/19.2-368.11_1","dublin_core":{"Title":"Amount of award","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-368.11:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Compensation for Total Loss of Earnings: An award made pursuant to this chapter for total loss of earnings that results directly from incapacity incurred by a crime<\/span> victim<\/span> shall be payable during total incapacity to the victim<\/span> or to such other eligible person, at a weekly compensation rate equal to 66-2<\/a>\/3 percent of the victim<\/span>’s average weekly wages. The victim<\/span>’s average weekly wages shall be determined as provided in § 65.2-101<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Compensation for Partial Loss of Earnings: An award made pursuant to this chapter for partial loss of earnings that results directly from incapacity incurred by a crime<\/span> victim<\/span> shall be payable during incapacity at a weekly rate equal to 66-2<\/a>\/3 percent of the difference between the victim<\/span>’s average weekly wages before the injury and the weekly wages that the victim<\/span> is able to earn thereafter. The combined total of actual weekly earnings and compensation for partial loss of earnings shall not exceed $600 per week. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Compensation for Loss of Earnings of Parent of Minor<\/span> Victim<\/span>: The parent or guardian of a minor<\/span> crime<\/span> victim<\/span> may receive compensation for loss of earnings, calculated as specified in subsections A and B, for time spent obtaining medical treatment for the child and for accompanying the child to, attending or participating in investigative, prosecutorial, judicial, adjudicatory and post-conviction<\/span> proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Compensation for Dependents of a Victim<\/span> Who Is Killed: If death results to a victim<\/span> of crime<\/span> entitled to benefits, dependents of the victim<\/span> shall be entitled to compensation in accordance with the provisions of §§ 65.2-512<\/a> and 65.2-515<\/a> in an amount not to exceed the maximum aggregate payment or the maximum weekly compensation that would have been payable to the deceased victim<\/span> under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Compensation for Unreimbursed Medical Costs, Funeral Expenses, Services, etc.: Awards may also be made on claims or portions of claims based upon the claimant<\/span>’s actual expenses incurred as are determined by the Commission<\/span> to be appropriate, for (i) unreimbursed medical expenses or indebtedness reasonably incurred for medical expenses; (ii) expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim<\/span> would have performed, for the benefit of himself and his family, if he had not been a victim<\/span> of crime<\/span>; (iii) expenses directly related to funeral or burial, not to exceed $10,000; (iv) expenses attributable to pregnancy resulting from forcible rape<\/span>; (v) mental health counseling for survivors as defined under subdivisions A 2 and A 4 of § 19.2-368.4<\/a>, not to exceed $3,500 per claim; (vi) reasonable and necessary moving expenses, not to exceed $2,000, incurred by a victim<\/span> or survivors as defined under subdivisions A 2 and A 4 of § 19.2-368.4<\/a>; and (vii) any other reasonable and necessary expenses and indebtedness incurred as a direct result of the injury or death upon which such claim is based, not otherwise specifically provided for. Notwithstanding any other provision of law<\/span>, a person who is not eligible for an award under subsection A of § 19.2-368.4<\/a> who pays expenses directly related to funeral or burial is eligible for reimbursement subject to the limitations of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the provisions of subdivision 3 of § 19.2-368.10<\/a>, §§ 19.2-368.5<\/a>, 19.2-368.5:1<\/a>, 19.2-368.6<\/a>, 19.2-368.7<\/a>, and 19.2-368.8<\/a>, subsection G of this section, and § 19.2-368.16<\/a>, the Criminal Injuries Compensation Fund shall pay for physical evidence<\/span> recovery kit examinations conducted on victims<\/span> of sexual assault<\/span>. Any individual that submits to and completes a physical evidence<\/span> recovery kit examination shall be considered to have met the reporting requirements of this chapter. Funds paid for physical evidence<\/span> recovery kit collection shall not be offset against the Fund’s maximum allowable award as provided in subsection H. Payments may be subject to negotiated agreements with the provider. Health care providers that complete physical evidence<\/span> recovery kit examinations may bill the Fund directly subject to the provisions of § 19.2-368.5:2<\/a>. The Commission<\/span> shall develop policies for a distinct payment process for physical evidence<\/span> recovery kit examination expenses as required under subdivision 1 of § 19.2-368.3<\/a>.\n\t\t\tIn order<\/span> for the Fund to consider additional crime<\/span>-related expenses, victims<\/span> shall file with the Fund following the provisions of this chapter and Criminal Injuries Compensation Fund policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any claim made pursuant to this chapter shall be reduced by the amount of any payments received or to be received as a result of the injury from or on behalf of the person who committed the crime<\/span> or from any other public or private source, including an emergency award by the Commission<\/span> pursuant to § 19.2-368.9<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> To qualify for an award under this chapter, a claim must have a minimum value of $100, and payments for injury or death to a victim<\/span> of crime<\/span>, to the victim<\/span>’s dependents or to others entitled to payment for covered expenses, after being reduced as provided in subsection G, shall not exceed $35,000 in the aggregate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMOUNT OF AWARD (\u00a7 19.2-368.11:1)\n\nA. Compensation for Total Loss of Earnings: An award made pursuant to this\nchapter for total loss of earnings that results directly from incapacity\nincurred by a crime victim shall be payable during total incapacity to the\nvictim or to such other eligible person, at a weekly compensation rate equal to\n66-2\/3 percent of the victim’s average weekly wages. The victim’s\naverage weekly wages shall be determined as provided in § 65.2-101.\n\nB. Compensation for Partial Loss of Earnings: An award made pursuant to this\nchapter for partial loss of earnings that results directly from incapacity\nincurred by a crime victim shall be payable during incapacity at a weekly rate\nequal to 66-2\/3 percent of the difference between the victim’s average\nweekly wages before the injury and the weekly wages that the victim is able to\nearn thereafter. The combined total of actual weekly earnings and compensation\nfor partial loss of earnings shall not exceed $600 per week.\n\nC. Compensation for Loss of Earnings of Parent of Minor Victim: The parent or\nguardian of a minor crime victim may receive compensation for loss of earnings,\ncalculated as specified in subsections A and B, for time spent obtaining medical\ntreatment for the child and for accompanying the child to, attending or\nparticipating in investigative, prosecutorial, judicial, adjudicatory and\npost-conviction proceedings.\n\nD. Compensation for Dependents of a Victim Who Is Killed: If death results to a\nvictim of crime entitled to benefits, dependents of the victim shall be entitled\nto compensation in accordance with the provisions of §§ 65.2-512 and\n65.2-515 in an amount not to exceed the maximum aggregate payment or the maximum\nweekly compensation that would have been payable to the deceased victim under\nthis section.\n\nE. Compensation for Unreimbursed Medical Costs, Funeral Expenses, Services,\netc.: Awards may also be made on claims or portions of claims based upon the\nclaimant’s actual expenses incurred as are determined by the Commission to\nbe appropriate, for (i) unreimbursed medical expenses or indebtedness reasonably\nincurred for medical expenses; (ii) expenses reasonably incurred in obtaining\nordinary and necessary services in lieu of those the victim would have\nperformed, for the benefit of himself and his family, if he had not been a\nvictim of crime; (iii) expenses directly related to funeral or burial, not to\nexceed $10,000; (iv) expenses attributable to pregnancy resulting from forcible\nrape; (v) mental health counseling for survivors as defined under subdivisions A\n2 and A 4 of § 19.2-368.4, not to exceed $3,500 per claim; (vi) reasonable\nand necessary moving expenses, not to exceed $2,000, incurred by a victim or\nsurvivors as defined under subdivisions A 2 and A 4 of § 19.2-368.4; and\n(vii) any other reasonable and necessary expenses and indebtedness incurred as a\ndirect result of the injury or death upon which such claim is based, not\notherwise specifically provided for. Notwithstanding any other provision of law,\na person who is not eligible for an award under subsection A of §\n19.2-368.4 who pays expenses directly related to funeral or burial is eligible\nfor reimbursement subject to the limitations of this section.\n\nF. Notwithstanding the provisions of subdivision 3 of § 19.2-368.10,\n§§ 19.2-368.5, 19.2-368.5:1, 19.2-368.6, 19.2-368.7, and 19.2-368.8,\nsubsection G of this section, and § 19.2-368.16, the Criminal Injuries\nCompensation Fund shall pay for physical evidence recovery kit examinations\nconducted on victims of sexual assault. Any individual that submits to and\ncompletes a physical evidence recovery kit examination shall be considered to\nhave met the reporting requirements of this chapter. Funds paid for physical\nevidence recovery kit collection shall not be offset against the Fund’s\nmaximum allowable award as provided in subsection H. Payments may be subject to\nnegotiated agreements with the provider. Health care providers that complete\nphysical evidence recovery kit examinations may bill the Fund directly subject\nto the provisions of § 19.2-368.5:2. The Commission shall develop policies\nfor a distinct payment process for physical evidence recovery kit examination\nexpenses as required under subdivision 1 of § 19.2-368.3.\n\t\t\tIn order for the Fund to consider additional crime-related expenses, victims\nshall file with the Fund following the provisions of this chapter and Criminal\nInjuries Compensation Fund policy.\n\nG. Any claim made pursuant to this chapter shall be reduced by the amount of any\npayments received or to be received as a result of the injury from or on behalf\nof the person who committed the crime or from any other public or private\nsource, including an emergency award by the Commission pursuant to §\n19.2-368.9.\n\nH. To qualify for an award under this chapter, a claim must have a minimum value\nof $100, and payments for injury or death to a victim of crime, to the\nvictim’s dependents or to others entitled to payment for covered expenses,\nafter being reduced as provided in subsection G, shall not exceed $35,000 in the\naggregate.\n\nHISTORY: 1986, c. 457; 1988, c. 748; 1989, c. 335; 1990, c. 552; 1992, c. 687;\n1996, c. 86; 1998, c. 484; 2000, c. 847; 2002, c. 665; 2005, c. 683; 2007, c.\n381; 2008, cc. 203, 251; 2014, c. 665; 2019, c. 524; 2025, cc. 244, 225.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}