                                 CODE OF VIRGINIA

AMOUNT OF AWARD (§ 19.2-368.11:1)

A. 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&#8217;s average weekly wages. The victim&#8217;s
average weekly wages shall be determined as provided in &#xA7; 65.2-101.

B. 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&#8217;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. 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.

D. 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 &#xA7;&#xA7; 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. Compensation for Unreimbursed Medical Costs, Funeral Expenses, Services,
etc.: Awards may also be made on claims or portions of claims based upon the
claimant&#8217;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 &#xA7; 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 &#xA7; 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 &#xA7;
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. Notwithstanding the provisions of subdivision 3 of &#xA7; 19.2-368.10,
&#xA7;&#xA7; 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 &#xA7; 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&#8217;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 &#xA7; 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 &#xA7; 19.2-368.3.
			In 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. 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 &#xA7;
19.2-368.9.

H. 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&#8217;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.

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.