Section 258C:3 - Maximum award; compensable expenses(a) The maximum award for compensation to a claimant pursuant to this chapter shall be $25,000; provided, however, that the maximum award for compensation to a claimant with a catastrophic injury pursuant to this chapter shall be $50,000. If there are 2 or more claimants eligible for compensation arising out of a crime committed against 1 individual for the same crime, each claimant shall be entitled to the out-of-pocket losses of every other claimant. The cumulative total of all awards based on such crime shall not exceed $25,000; provided, however, that the cumulative total of all awards based on such crime for catastrophic injuries shall not exceed $50,000.(b) Except as otherwise provided in this chapter, the following expenses are compensable in accordance with this section:(1)(A) The maximum award or compensation for funeral and burial expenses shall be $13,000. A legal guardian, dependent or other family member of the victim or a person who actually incurs funeral and burial expenses directly related to the death of a victim shall be eligible for compensation for such funeral and burial expenses.(B) The maximum award or compensation for expenses other than funeral and burial expenses associated with the interment of a victim whose death is the direct result of a crime shall be $4,000. For purposes of this subsection compensable expenses shall include, but not be limited to, transportation of the victim to the location of interment, travel of a legal guardian or family member to accompany the victim to the location of interment, memorial markers at the location of interment or other associated expenses as determined by the program director in accordance with section 4.(2)(A) Expenses incurred for hospital services as the direct result of injury to the victim shall be compensable under this chapter; provided, however, that when claiming compensation for hospital expenses, the claimant shall demonstrate an out-of-pocket loss or a legal liability for payment of said expenses. No hospital expenses shall be paid if the expense is reimbursable by Medicaid or if the services are covered by chapter 118E. Every claim for compensation for hospital services shall include a certification by the hospital that the services are not reimbursable by Medicaid and that the services are not covered by chapter 118E. In no event shall the amounts awarded for hospital services exceed the rates for services established by the executive office of health and human services or a governmental unit designated by the executive office if rates have been established for such services.(B) Expenses incurred for physician, dental, ambulance, or other medically necessary services or prosthetic devices as the direct result of injury to the victim shall be compensable in accordance with this chapter; provided however, that when claiming compensation for such expenses, the claimant must demonstrate an out-of-pocket loss or legal liability for payment of such expenses. No physician, dental, ambulance or other necessary services or prosthetic device shall be paid where the services were reimbursable by medicaid. Every claim for compensation for physician, dental, ambulance or other medically necessary services or for prosthetic devices shall include a certification by the health care provider that the expense was not reimbursable by medicaid.(C) A victim, parent or legal guardian of a victim who is a minor in accordance with section 4 or, where death results from the crime, the dependents and family members of the victim, shall be eligible for compensation for reasonable mental health counseling obtained as a result of the crime.(D) If the victim was employed or had received a bona fide employment offer at the time of the crime, he shall be eligible for compensation for loss of actual earnings due to disability from work as the result of injuries caused by the crime. In order to be eligible for lost earnings, the victim must demonstrate medical disability and causal relationship to the crime. The amount of compensation shall be based on the victim's net earnings or expected net earnings as a result of an employment offer at the time of the crime. If the victim is a minor at the time of the crime, he shall be eligible for future lost earnings due to disability from future employment as a result of injuries caused by the crime.(E) If the sole occupation of the victim at the time of the crime and for the preceding one year was limited to performing the duties and responsibilities of a homemaker, the victim or his dependents shall be eligible for reimbursement for the reasonable costs of maintaining such services. In order to be eligible for compensation for homemaker services in nonhomicide cases, the victim must demonstrate a medical disability which is causally related to the crime.(F) In the case of the death of the victim as a direct result of the crime, a dependent of a victim shall be eligible for compensation for loss of the victim's support. No compensation for loss of support shall be paid unless the claimant demonstrates either that the dependent was living with the victim at the time of the crime or, in the case of minor children of a deceased victim who were not residing in the victim's household at the time of the crime, that the minor children received financial support directly from the victim prior to the crime or were legally entitled to receive such support, such entitlement having been established by a court order or a judicially enforceable agreement. An award for loss of support shall be based upon the victim's actual earnings and the life expectancy of the victim.(G) Expenses incurred for professional crime scene cleanup services necessary as the direct result of the commission of a crime at a private residence or in a motor vehicle that is owned or leased by a victim, family member or other dependent shall be compensable in accordance with this chapter; provided, however, that the maximum amount of compensation shall not exceed $1,500.(H) A victim shall be eligible for compensation for the reasonable replacement costs of clothing and bedding seized as evidence or rendered unusable as the result of a criminal investigation that is the direct result of a crime; provided, however, that the maximum compensable amount shall not exceed $250.(I) A victim or a family member residing with the victim at the time a crime is committed, shall be eligible for compensation for the costs associated with the implementation of security measures; provided, however, that the maximum compensable amount shall not exceed $3,000.Mass. Gen. Laws ch. 258C, § 258C:3
Amended by Acts 2024, c. 140,§ 156, eff. 7/1/2024.Amended by Acts 2024, c. 140,§ 155, eff. 7/1/2024.Amended by Acts 2024, c. 140,§ 154, eff. 7/1/2024.Amended by Acts 2013 , c. 38, §§ 137, 138 eff. 7/1/2013.Amended by Acts 2012 , c. 224, § 224, eff. 11/4/2012.Amended by Acts 2010 , c. 256, §§ 110, 111, 112, 113 eff. 2/2/2011.