A claimant seeking compensation under this article must submit a completed application for compensation signed by the claimant. The application form is available from the department or any law enforcement agency.

1. (1) The victim;
2. (2) A family member representing the victim;
3. (3) If the victim is a minor, the minor's guardian or conservator; or

4. (4) In the event of personal injury to or death of the victim, the individual responsible for maintenance of the victim or the administration of the victim's estate.

   A third party such as an employer, an assignee, an insurance company, or a service provider may not submit an application for compensation under this chapter.

A claimant applying for an emergency award must indicate on the application that it is to be considered as an emergency application and must attach a written statement explaining the undue hardship that will result to the claimant if an emergency award is not given.

A claimant seeking compensation under this chapter is limited to the following individuals:

Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009.

General Authority: SDCL 23A-28B-33.

Law Implemented: SDCL 23A-28B-11 , 23A-28B-12 , 23A-28B-15 , 23A-28B-40.