949.06 Computation of award.

561 words·~3 min read·/wi/chapter-949/949-06

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In accordance with this subchapter, the department shall make awards, as appropriate, for any of the following economic losses incurred as a direct result of an injury:

(a)Medical treatment, subject to the limits set forth under par.

(bg).

(b)Work loss of a victim, a parent of a victim, or in the case of a homicide, a family member of a victim, shall be subject to the limits set forth under par.

(bg)and shall be determined as follows:

1. If the victim or parent of a victim was employed at the time of the injury, loss of actual earnings shall be based upon his or her net income at the time of the injury.

2. If the victim was not employed at the time of the injury or, if as a direct result of the injury, the victim suffered a disability causing a loss of potential income, the award may be based upon a sufficient showing by the victim that he or she actually incurred loss of income.

3. If a victim is released by a physician to return to work with restrictions but is unable to return to the job he or she was performing at the time the crime was committed, the award shall be reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in available appropriate substitute work the victim was capable of performing, but unreasonably failed to undertake.

4. The department may award each victim, parent of a victim, or in the case of a homicide, family member of a victim not more than 2 weeks of lost wages without requiring proof of disability from a physician.

(bg)The department may award each parent of a victim not more than $3,000 total for reimbursement of expenses under par.

(a)related to mental health treatment and for work loss under par.

(b).

(bm)If at the time of the injury, the victim was a caregiver in his or her home, an amount sufficient to ensure that the duties and responsibilities are continued until the victim is able to resume the performance of the duties, or until the cost of services reaches the maximum allowable under s. 949.08

(a), whichever is less.

(br)If as a direct result of the personal injury, the victim suffered a protracted disability, reasonable and necessary housing accessibility adaptations, but not to exceed $5,000.

(c)Reasonable replacement value of any clothing and bedding that is held for evidentiary purposes, but not to exceed $300.

(cg)Reasonable replacement value of any computer or mobile telephone that is held for evidentiary purposes, but not to exceed $200.

(cm)Reasonable replacement value for property, other than clothing and bedding under par.

(c), that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, but not to exceed $200.

(d)Reasonable funeral and burial expenses, not to exceed $5,000.

(e)Loss of support, which shall be determined on the basis of the victim’s net annual income at the time of death, and shall be calculated as follows:

1. The department shall determine the victim’s net annual income, and shall multiply that amount by 4. Subject to subds. 2. and 3. , the loss of support award is this amount.