N.J. Admin. Code § 13:75-6.2

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

Section 13:75-6.2 - Eligibility determinations

(a) Eligibility for supplemental compensation for catastrophic injuries shall be based on the totality of the circumstances and in consideration of each of the following factors:

1. Whether the victim has suffered a significant and sustained reduction in his or her mental and physical functioning such that his or her ability to interact with others and carry on the normal functions of life has been dramatically altered;

2. Whether the victim's ability to work has been diminished to a material degree;

3. Whether the victim has been diagnosed with a physical or neuro-physical impairment and no fundamental or marked improvement in his or her crime-related condition can be reasonably expected;

4. The severity and debilitating nature of the personal injury including, but not limited to, conditions such as quadriplegia, paraplegia, loss of sight in both eyes, loss of hearing in both ears, or amputation of a major portion of an extremity;

5. Whether the injury has been diagnosed as permanent or long-term; and

6. Whether an extreme medical risk exists that has substantially increased functional impairment or risk of death if the medical services are not provided expeditiously.

(b) Where a victim is has been determined permanently disabled and is receiving benefits pursuant to 42 U.S.C. §§ 1381 et seq., as a result of a crime that forms the basis for the application for compensation, there shall be a presumption that the victim is a catastrophically injured crime victim.

1. Proof of eligibility under this section requires that the victim submit a copy of the permanent disability determination issued by the Social Security Administration and supportive medical documentation.

(c) Secondary victims as defined by this chapter are not eligible for supplemental catastrophic crime victim compensation.

N.J. Admin. Code § 13:75-6.2