Section 54-211 - Time limitation on filing application for compensation. Restrictions on award of compensation. Amount of compensation(a)(1) No order for the payment of compensation shall be made under section 54-210 unless (A) the application has been made within two years after the date of the personal injury or death, (B) the personal injury or death was the result of an incident or offense listed in section 54-209, and (C) such incident or offense has been reported to the police within five days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within five days of the time when a report could reasonably have been made, except that a victim of a sexual assault shall not be ineligible for the payment of compensation by reason of failing to make a report pursuant to this subparagraph if such victim presented himself or herself to a health care facility within one hundred twenty hours of such sexual assault for examination and collection of evidence of such sexual assault in accordance with the provisions of section 19a-112a, or if such victim complied with subsection (d) of section 54-209.(2) Notwithstanding the provisions of subdivision (1) of this subsection, any person who, before, on or after October 1, 2005, fails to make application for compensation within two years after the date of the personal injury or death as a result of physical, emotional or psychological injuries caused by such personal injury or death may apply for a waiver of such time limitation. The Office of Victim Services, upon a finding of such physical, emotional or psychological injury, may grant such waiver. (3) Notwithstanding the provisions of subdivision (1) of this subsection, any minor, including, but not limited to, a minor who is a victim of conduct by another person that constitutes a violation of section 53a-192a or a criminal violation of 18 USC Chapter 77, who, before, on or after October 1, 2005, fails to make application for compensation within two years after the date of the personal injury or death through no fault of the minor, may apply for a waiver of such time limitation. The Office of Victim Services, upon a finding that such minor is not at fault, may grant such waiver.(4) Notwithstanding the provisions of subdivision (1) of this subsection, a person who is a dependent of a victim may make application for payment of compensation not later than two years from the date that such person discovers or in the exercise of reasonable care should have discovered that the person upon whom the applicant was dependent was a victim. Such person shall file with such application a statement signed under penalty of false statement setting forth the date when such person discovered that the person upon whom the applicant was dependent was a victim and the circumstances that prevented such person discovering that the person upon whom the applicant was dependent was a victim until more than two years after the date of the incident or offense. There shall be a rebuttable presumption that a person who files such a statement and is otherwise eligible for compensation pursuant to sections 54-201 to 54-218, inclusive, is entitled to compensation.(5) Any waiver denied by the Office of Victim Services under this subsection may be reviewed by a victim compensation commissioner, provided such request for review is made by the applicant within thirty days from the mailing of the notice of denial by the Office of Victim Services. If a victim compensation commissioner grants such waiver, the commissioner shall refer the application for compensation to the Office of Victim Services for a determination pursuant to section 54-205.(6) Notwithstanding the provisions of subdivision (1), (2) or (3) of this subsection, the Office of Victim Services may, for good cause shown and upon a finding of compelling equitable circumstances, waive the time limitations of subdivision (1) of this subsection.(b) No compensation shall be awarded if: (1) The offender is unjustly enriched by the award, provided compensation awarded to a victim which would benefit the offender in a minimal or inconsequential manner shall not be considered unjust enrichment;(2) the victim violated a penal law of this state, which violation caused or contributed to his injuries or death.(c) Except as provided in subsection (d) of this section, no compensation shall be awarded for losses sustained for crimes against property or for noneconomic detriment such as pain and suffering.(d)(1) No compensation shall be in an amount in excess of fifteen thousand dollars for personal injury except that: (A) Compensation to or for the benefit of the dependents of a homicide victim shall be in an amount not to exceed twenty-five thousand dollars;(B) the claims of the dependents of a deceased victim, as provided in section 54-208, shall be considered derivative of the claim of such victim and the total compensation paid for all claims arising from the death of such victim shall not exceed a maximum of twenty-five thousand dollars; and(C) in cases of emotional harm only, compensation for medical and mental health care shall be in an amount not to exceed five thousand dollars.(2) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or a victim compensation commissioner may award additional compensation in an amount not to exceed five thousand dollars above the maximum amounts set forth in said subdivision to a personal injury victim, who is a minor at the time the application for compensation or restitution services is filed, when such victim has additional medical needs or mental health counseling needs.(3) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or a victim compensation commissioner may, for good cause shown and upon a finding of compelling equitable circumstances, award compensation in an amount in excess of the maximum amounts set forth in said subdivision.(e) Orders for payment of compensation pursuant to sections 54-201 to 54-218, inclusive, may be made only as to injuries or death resulting from incidents or offenses arising on and after January 1, 1979, except that orders for payment of compensation pursuant to subsection (b) of section 54-209 may be made only as to injuries or death resulting from incidents or offenses arising on and after July 1, 1985.(f) Compensation shall be awarded pursuant to sections 54-201 to 54-218, inclusive, for personal injury or death resulting from a crime which occurs (1) within this state, regardless of the residency of the applicant; (2) outside this state but within the territorial boundaries of the United States, provided the victim, at the time of injury or death, was a resident of this state and the state in which such crime occurred does not have a program for compensation of victims for which such victim is eligible; (3) outside the territorial boundaries of the United States, provided the victim was a resident of this state at the time of injury or death, the crime would be considered a crime within the State of Connecticut, and the country in which such crime occurred does not have a program for compensation of victims for which such victim is eligible; and (4) outside the territorial boundaries of the United States, provided the applicant is a victim of international terrorism, as defined in 18 USC 2331, as amended from time to time, and was a resident of this state at the time of injury or death.Conn. Gen. Stat. § 54-211
(P.A. 78-261, S. 11, 17; P.A. 81-23, S. 1; P.A. 82-397, S. 4, 7; P.A. 85-529, S. 3, 4; 85-538, S. 3; P.A. 87-554, S. 10; P.A. 90-22, S. 1; 90-279, S. 1; P.A. 93-310, S. 10, 32; P.A. 95-175, S. 7; P.A. 97-59, S. 2, 4; P.A. 00-110, S. 1, 2; P.A. 05-249, S. 7; P.A. 06-100, S. 2, 3; P.A. 12-133, S. 28; P.A. 15-195, S. 6; P.A. 17-99, S. 28.)
Amended by P.A. 21-0040,S. 56 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.Amended by P.A. 17-0099, S. 28 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.Amended by P.A. 15-0195, S. 6 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.Amended by P.A. 12-0133, S. 28 of the the 2012 Regular Session, eff. 10/1/2012.