N.J. Admin. Code § 13:75-3.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:75-3.1 - Filing of claims

(a) All claim applications must be filed within five years after the date of the incident upon which the claim is based or, if after that date, upon a determination by the Office that good cause exists for the delayed filing. Good cause includes, but is not limited to, instances where the victim or the victim's dependents were not appropriately informed of the benefits offered by the Office as required by law.

1. Good cause for a delay in filing may be found where:

i. The victim or claimant provides sufficient reasons, based on the totality of the circumstances, to demonstrate that his or her crime-induced incapacity prevented the timely filing of a claim;

ii. The late filing of the application does not prejudice the ability of the Office to verify a victim/claimant's eligibility; and

iii. In instances where the victim, or the victim's dependents, were not properly informed of the benefits offered by the Office, as required by law.

2. If the victim is under 18 years-of-age, the five-year limit on filing shall commence on the day the victim turns 18 years old.

3. In the case of child sexual abuse, defined as an act of sexual contact or sexual penetration between a child under the age of 18 and an adult, an application for compensation shall be filed within five years after reasonable discovery of the injury and its causal relationship to an act of child sexual abuse, unless good cause is shown, in accordance with N.J.S.A. 2A:61B-1.

i. The totality of the circumstances that should be considered in assessing the reasonableness of the late filing of the victim's claim shall include: the victim's age at the time the sexual abuse occurred; any threats the wrongdoer may have made to the victim; the length of time that passed between the end of the abuse and the emergence of the claimed injury; the nature of the claimed injury; and the difficulty in discovering certain injuries.

ii. The burden of proof rests with the victim/claimant and may be established through presenting evidence including the submission of a report from a medical professional.

(b) The incident must have been reported to the police or other appropriate law enforcement agency within nine months of its occurrence or the date from which the victim or claimant had knowledge or reason to believe that a crime had occurred. The Office reserves the right to, upon determination that good cause exists for the delayed filing, make an exception to the requirement that the incident be reported to the police within the stated time period.

1. Good cause for a delay in filing or reporting the incident to police or other appropriate law enforcement agency may be found where:

i. The victim or claimant provides sufficient reasons, based on the totality of the circumstances, to demonstrate that the incident could not be reported to the police or other appropriate law enforcement agency within the time prescribed; and

ii. The late reporting of the incident to police does not prejudice the ability of the Office to verify a victim's or claimant's eligibility.

(c) All claims must be filed on official forms that include a signed authorization for securing medical and other necessary records and a subrogation or civil assignment of interest agreement. The official forms may be obtained by requesting them in person, by telephone, through the mail at 50 Park Place, 5th floor, Newark, New Jersey 07102, or through the Office's official Internet website at http://www.state.nj.us/victims.

(d) If a claim is made by a minor, as defined under New Jersey law, the forms shall be signed by a victim's representative, parent, or guardian.

(e) If a claim is made by a person who is mentally incapacitated, the forms shall be signed by the victim's representative, the person's guardian, or such other individual who is authorized to administer his or her estate.

(f) At the time of filing the claim, the victim will be provided with any available referrals for counseling and other social services.

N.J. Admin. Code § 13:75-3.1

Amended by 53 N.J.R. 1852(c), effective 11/1/2021