N.J. Admin. Code § 13:75-4.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:75-4.5 - Loss of earnings from victim; loss of support from decedent

(a) The Office may order the payment of compensation for a victim or claimant's loss of earning power as a result of the total or partial incapacity of the victim. Said loss includes work loss or loss of income the injured person would have performed if he or she had not been injured, and expenses reasonably incurred by him or her in obtaining services in lieu of those he or she would have performed for income.

1. In computing the earnings loss, the Office may consider any income received from substitute work actually performed by the victim or claimant, or any income that would have been earned through available appropriate substitute work he or she was capable of performing but unreasonably failed to undertake, and reduce the award accordingly.

(b) In computing the amount of any loss of earnings, the Office shall only consider the earnings and/or support actually contributed to the household at the time of the injury.

(c) In computing the amount of any loss of support in a homicide claim, the Office shall consider the victim's actual support, or potential wages based on actuarial science.

(d) Where the dependents of a deceased victim have received or are receiving a greater sum of money from other sources by reason of the victim's death than the sum contributed to their support by the victim at the time of death, no compensation for loss of support shall be awarded to the dependents. The Office, however, reserves the right to review its determination should the claimant's dependency, marital, or earnings status be altered, and to modify its award accordingly.

(e) The maximum reimbursement for loss of earnings shall not exceed a total of 104 weeks, unless a victim has been rendered permanently disabled as defined by 42 U.S.C. §§ 1381. et seq., in which case loss of earnings may be awarded for a total period of 260 weeks (five years).

(f) The maximum reimbursement for loss of support in death claims shall not exceed 48 months.

(g) Loss of earnings may be paid to the victim for court attendance. Loss of earnings may also be paid for court attendance for the victim's immediate family but shall be subject to the limitations applicable to secondary victims.

(h) The weekly maximum reimbursement for loss of earnings or support shall not exceed $ 600.00.

N.J. Admin. Code § 13:75-4.5

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