Section Jus 605.05 - Lost Wages Awards(a) The commission shall award compensation for lost wages, whether the claimant is self-employed or employed by another, if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.(b) A claimant submitting a request for compensation for lost wages shall submit the following documentation to support the request:(1) If self-employed, the tax returns for the year in which the crime occurred, if available, and for the year prior to that;(2) If employed by another, a statement from the employer that contains the amount of time lost and the wages that would have been earned for that time;(3) If compensation for lost overtime wages is sought, a statement from the employer that addresses the reasons for the overtime lost and the claimant's history of overtime work;(4) For lost wages for more than 14 consecutive days, a report from a licensed health care provider that confirms the claimant's inability to work during that period; and(5) Copies of all written confirmations of appointments with medical providers, mental health providers, police and other law-enforcement officials, and any other appointments necessitated as a direct result of the crime.(c) The following activities shall be eligible for compensation under the category of lost wages: (1) Time spent for physical or mental recuperation from personal injuries sustained as a direct result of the crime;(2) Time spent for medical appointments;(3) Time spent for mental health appointments;(4) Time spent meeting with police or other law enforcement officials;(5) Time spent for pretrial preparation, including for depositions;(6) Time spent in court during the trial, at sentencing, or both;(7) Time spent at probation hearings; and(8) Time spent at parole hearings.(d) Wages lost for any of the reasons listed under (c) above shall be compensable even if the claimant had leave time available from his or her employer and was paid by using such leave time.(e) The following limitations shall apply to awards made for lost wages: (1) Compensation shall be paid at a rate of 75% of the claimant's gross income, not to exceed 3 months, taking into account previously scheduled increases in the claimant's rate of pay;(2) Compensation for overtime shall be awarded based on the claimant's history of working overtime or the employer's verified requirement that the claimant have worked on anticipated overtime, or both; and(3) The total compensation paid for lost wages shall not exceed 75% of the claimant's pre-crime wages, not to exceed 3 months, including any workers' compensation or disability benefits received.N.H. Admin. Code § Jus 605.05
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/2029.