N.J. Admin. Code § 13:75-6.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:75-6.1 - General provisions

(a) A catastrophically injured crime victim is a person who has sustained a severe long-term or life-long personal injury as a direct result of the offense that formed the basis of the application for compensation.

(b) The Office may make one or more supplemental awards for the purpose of providing rehabilitative assistance and services to catastrophically injured crime victims determined eligible for compensation within provisions set by this section, notwithstanding the fact that said payments may, in the aggregate, exceed the statutory maximum award as provided in this chapter. There is no time limit to file a catastrophic application.

(c) Compensation under this section may be awarded in lump sum or periodic payments; however, any compensation awarded shall not exceed the actual cost of the rehabilitative services allowed in this section.

(d) Compensation under this section shall be awarded solely for rehabilitative services, which are those services restorative in nature commensurate with the medical needs of the victim and prescribed by a licensed provider to correct or substantially modify a crime-related physical or mental condition that has resulted in a significant impediment to the victim's ability to interact with others and carry on his or her normal life functions.

1. The rehabilitative service must be reasonably expected to eliminate or reduce such impediment and to promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives.

2. Expenses incurred in an emergency room or medical facility where remedial, acute, and recuperative care is required immediately or shortly after the crime victimization forming the basis of a claim for compensation, unless shown to be a rehabilitative service as defined in this section, are excluded from supplemental catastrophic compensation even though the victim may have been determined to be a catastrophically injured crime victim.

(e) The burden of proof is upon the victim and/or claimant to establish, by a preponderance of the credible evidence, eligibility for compensation as a catastrophically injured crime victim.

1. Speculation and conjecture as to a potential increase in disability, mere loss of earnings, cumulative injuries minor in nature, and, among other things, subjective statements of the victim without a demonstration of catastrophic injury by way of objective medical evidence and professional medical analysis is not sufficient to meet the burden of proof.

(f) The Office may order the examination of an injured victim and a report, thereon, from an impartial medical expert, if necessary, prior to a determination of eligibility under this section and periodically, as it deems appropriate, for the continued award of compensation to a catastrophically injured crime victim.

N.J. Admin. Code § 13:75-6.1

Amended by 53 N.J.R. 1852(c), effective 11/1/2021