Section 80-3-003 - Award of CompensationCompensation, if allowed, shall be awarded pursuant to the following limitations:
003.01 - Any award for medical, mental health counseling, hospital or pharmaceutical expenses actually and reasonably incurred shall be limited to actual costs for necessary services rendered by a licensed medical, mental health, hospital, pharmaceutical facility, or individual as related to the incident which caused the injury or death of the victim. No private room rates are allowed. Compensation for mental health counseling shall not be awarded in excess of $2,000,00.003.02 - Any awards for loss of earning power shall be limited to cases where total or partial disability is proven and where proof of actual and reasonable rehabilitative services Is presented. 003.03 - A pecuniary loss award to a surviving dependent shall be considered as one application and In no event shall any award exceed the maximum stated in the Act and Title 80.003.04 - Lost wages shall be paid only to a victim, or to a claimant who is responsible for the maintenance of the victim, who is employed at the time of the incident. In addition, lost wages shall only be paid for the period the victim or claimant is unable to work due to the victim's injuries as a direct result of the incident. Time unable to work due to the victim's injuries will be determined by a doctor's release as certified by a licensed medical provider. Lost wages shall be computed pursuant to the provisions of Chapter 48, Article I, of the Nebraska Revised Statutes and any amendments thereto relating to total disability, subject to the limitations in this Act, including those in Nebraska Revised Statutes 81-1814, 81-1816, and 81-1823. No award shall be allowed for use of accumulated sick leave, vacation leave, paid time off, unemployment, or disability payments during the disability period.003.05 - Any claim containing a combination of two or more compensable damages listed herein shall not be awarded in excess of the limitation contained in Neb.Rev.Stat. § 81-1823.003.06 - In the case of death of the victim, funeral and burial expenses incurred by an eligible applicant shall not be awarded in excess of $5,000.00. Expenses for food, alcohol, and flowers are not reimbursable.003.07 - Compensation for mental health counseling shall be considered on a case by case basis for minor children of victims of homicide, sexual assault, felony assault, domestic violence, or kidnapping. Claims for compensation for mental health counseling for the victim's minor children must be received by the Crime Victim's Reparations program within two years of the date of the incident.003.08 - Reasonable expenses incurred for the cleaning of a residential crime scene shall not exceed $1,000.00.003.09 - Attorney fees shall be considered for legal services rendered in assisting the victim or claimant in filing a claim for compensation and shall not exceed five percent of the total award. 003.10 - If sufficient funds are not available, the Committee or Hearing Officer may order a partial payment on a claim. If funds do not become available within two years, the Committee or Hearing Officer may defer payment on the remainder of the claim and close the file without prejudice. The Committee or Hearing Officer, in determining the amount of compensation payable on an eligible claim, may consider the following factors in determining the amount and date of payment: 003.10A - Rate and amount of compensation payable for injuries and death under other laws of this state and of the United States;003.10B -The availability of funds appropriated for the purpose of Nebraska Revised Statute § 81-1801 et seq.80 Neb. Admin. Code, ch. 3, § 003
Amended effective 12/7/2019