Section 94-03-03-13 - Work loss1.Verification. A claim for reimbursement for work loss must include written documentation from a medical or mental health provider, the claimant's employer, and information the division may request that supports payment for work loss.a. Medical verification must include how the injury or condition is directly related to the crime. Information must include when the victim will be able to resume work.b. Employer verification must include dates absent from work, net salary for periods immediately prior to the incident, and available sick leave or annual leave.c. Self-employed victims shall provide a copy of federal income tax return for one year prior and other substantial verification of work loss or profits the division determines is necessary to support payment for work loss.2.Payment limitations. Payment for work loss is limited to four months from the date of the criminally injurious conduct.a. Payment for work loss may not exceed more than three hundred dollars per week up to a maximum of four thousand eight hundred dollars.b. Payment for work loss includes absence from work for medical and mental health services only.c. A claimant must be unable to work at least three days in order to be eligible for work loss benefits.d. Work loss benefits may not be paid for time in which the claimant was eligible for sick leave, annual leave, or compensatory time.e. Work loss benefits may not be paid for time in which the claimant has medical leave or annual leave available.f. A claimant is not entitled to work loss payments for any period of time the claimant is in the custody of a federal, state, local or regional, or tribal correctional facility.N.D. Admin Code 94-03-03-13
Adopted by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.General Authority: NDCC 54-23.4-01, 54-23.4-04, 54-23.4-06, 54-23.4-13
Law Implemented: NDCC 54-23.4-01, 54-23.4-04, 54-23.4-06, 54-23.4-13