ORS 147.035
Compensable losses
- expiration of claim
- rules
(1)
Intentionally left blank —Ed.(a)
Except as otherwise provided in ORS 147.025 (Eligibility of person not victim or survivor or dependent of deceased victim) and 147.390 (Payment of expenses by department), compensation may be awarded under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) only for losses described in this section.(b)
The maximum amount of compensation that may be awarded, in aggregate, to the victim and the survivors and dependents of a deceased victim is $47,000.(c)
When a compensable crime results in:(A)
Injury to a victim, the losses described in subsections (2), (4), (7) and (8) of this section are compensable.(B)
Death to a victim, the losses described in subsections (3), (4), (6), (7) and (8) of this section are compensable.(2)
When a claim for compensation is filed in a case of injury, compensation may be awarded for:(a)
The victim’s reasonable medical and hospital expenses, including counseling expenses, up to a maximum amount of $20,000;(b)
Loss of the victim’s earnings, at a maximum rate of $600 per week, up to a maximum amount of $20,000;(c)
The victim’s rehabilitation expenses, up to a maximum amount of $4,000; and(d)
Expenses related to transportation for the victim’s medical care or counseling, at a rate determined by the Department of Justice, up to a maximum amount of $3,000, when:(A)
The medical care or counseling is compensable under this section;(B)
The medical care or counseling is provided more than 30 miles away from the victim’s residence; and(C)
Adequate medical care or counseling is not available in closer proximity to the victim’s residence.(3)
When a claim for compensation is filed in a case of death, compensation may be awarded for:(a)
Reasonable funeral expenses, up to a maximum amount of $5,000;(b)
The victim’s reasonable medical and hospital expenses, up to a maximum amount of $20,000;(c)
Loss of support to the dependents of the victim, at a maximum rate of $600 per week, up to a maximum amount of $20,000, less any amounts awarded for loss of earnings under subsection (2)(b) of this section;(d)
Reasonable counseling expenses for the survivors of a deceased victim, up to a maximum amount of $20,000 for each deceased victim and including up to $1,500 for each survivor for prescription medications prescribed in conjunction with the counseling; and(e)
Expenses related to transportation for a survivor’s or a dependent’s counseling, at a rate determined by the department, up to a maximum amount of $3,000, when:(A)
The counseling is compensable under this section;(B)
The counseling is provided more than 30 miles away from the survivor’s or dependent’s residence; and(C)
Adequate counseling is not available in closer proximity to the survivor’s or dependent’s residence.(4)
When a claim for compensation is filed in a case of:(a)
Rape of a child, child sexual abuse or sexual exploitation, as those terms are described in ORS 419B.005 (Definitions) (1)(a)(C), (D) and (E), counseling expenses of the victim’s family are compensable up to a maximum amount of $20,000, less any amounts awarded for the victim’s medical or hospital expenses under subsection (2)(a) of this section.(b)
Domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), the counseling expenses of children who witnessed the domestic violence are compensable up to a maximum amount of $10,000.(c)
International terrorism, the counseling expenses of a relative of the victim are compensable up to a maximum amount of $1,000.(5)
Compensation may not be awarded under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) for pain and suffering or property damage.(6)
Notwithstanding subsections (2) to (5) of this section, when a claim for compensation is filed in a case of abuse of corpse in the first degree as defined in ORS 166.087 (Abuse of corpse in the first degree) or abuse of corpse in the second degree as defined in ORS 166.085 (Abuse of corpse in the second degree), compensation may be awarded for one or both of the following:(a)
Reasonable funeral expenses, up to a maximum amount of $5,000.(b)
Reasonable counseling expenses for emotional distress, up to a maximum amount of $5,000 for each incident.(7)
If the case against the assailant of the victim is under direct or collateral review and the victim, survivor or dependent is involved in the hearing or oral argument, compensation may be awarded for:(a)
The victim’s, survivor’s or dependent’s counseling expenses up to a maximum amount of $5,000; and(b)
Other expenses related to the review, including transportation and lodging necessary for the victim, survivor or dependent to be involved in hearings and oral arguments, up to a maximum amount of $3,000.(8)
If the assailant of the victim has a hearing scheduled before the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board and the victim, survivor or dependent is involved in the hearing, compensation may be awarded for:(a)
The victim’s, survivor’s or dependent’s counseling expenses up to a maximum amount of $5,000; and(b)
Other expenses related to the hearing, including transportation and lodging necessary for the victim, survivor or dependent to be involved in the hearing, up to a maximum amount of $3,000.(9)
A claim for compensation expires and no further payments may be made with regard to the claim:(a)
When three years have elapsed from the entry of a determination order under ORS 147.135 (Processing compensation application); or(b)
If the victim, survivor or dependent attains 21 years of age after the date described in paragraph (a) of this subsection, when the victim, survivor or dependent attains 21 years of age.(10)
Notwithstanding subsection (9) of this section:(a)
In cases of homicide, a claim for reasonable counseling expenses for survivors may continue until five years have elapsed from the date of the determination order.(b)
Claims described in subsection (7) of this section may be filed each time an assailant’s case is under direct or collateral review and expire:(A)
If the assailant is released as a result of the direct or collateral review, when six months have elapsed from the date the assailant is released; or(B)
If the assailant is not released as a result of the direct or collateral review, when six months have elapsed from the completion of the review.(c)
Claims described in subsection (8) of this section may be filed each time an assailant has a hearing before the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board and expire:(A)
If the assailant is denied parole, conditional release or discharge, when six months have elapsed from the date of the hearing.(B)
If the assailant is paroled, conditionally released or discharged, when six months have elapsed from the date the assailant is paroled, conditionally released or discharged.(11)
Notwithstanding subsections (2) and (9) of this section, if a victim suffers catastrophic injuries:(a)
A claim for compensation and payments may continue beyond the period described in subsection (9) of this section; and(b)
The department may award compensation for losses in excess of the individual limitations described in subsection (2) of this section, provided that the aggregate award does not exceed the amount described in subsection (1)(b) of this section.(12)
The department shall adopt rules:(a)
Defining catastrophic injuries and establishing the length of time that a claim for compensation and payments may continue under subsection (11)(a) of this section.(b)
For medical fee schedules. The schedules shall represent at least the 75th percentile of the usual and customary fees charged to the public as determined by the department. An applicant or victim may not be charged for the percentile amount reduced by the department. [1977 c.376 §5; 1987 c.770 §4; 1989 c.542 §3; 1991 c.603 §2; 1991 c.862 §3; 1993 c.294 §8; 1993 c.546 §100; 1993 c.622 §3; 1997 c.549 §1; 1997 c.723 §1; 1997 c.749 §2; 1997 c.873 §31; 1999 c.922 §1; 2001 c.383 §1; 2003 c.349 §1; 2009 c.272 §1; 2011 c.125 §1; 2017 c.108 §2]
Source:
Section 147.035 — Compensable losses; expiration of claim; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors147.html.
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