Payment for lost earnings or loss of future earnings is limited to the following:

1. (1) If the claimant is the victim, the 12-month period immediately following the date of the crime;
2. (2) If the claimant is the parent of a child who was a victim, 40 hours for lost earnings; or

3. (3) If the claimant is the parent or spouse of a homicide victim, 40 hours for lost earnings.

   In order to be compensated for lost earnings or loss of future earnings, the claimant must have been employed at the time the crime was committed.

   The amount of lost earnings or the loss of future earnings a claimant is eligible to receive is calculated according to SDCL 23A-28B-20.

   An application for lost earnings may include the hours the individual was absent from work to meet with law enforcement, attend funeral services, attend court proceedings, or receive treatment or follow-up treatment. The application may not include hours for which the individual used and was paid for sick or annual leave.

Source: 30 SDR 116, effective February 4, 2004; 36 SDR 51, effective October 12, 2009 ; 48 SDR 18, effective August 30, 2021 .

General Authority: SDCL 23A-28B-20 , 23A-28B-33 .

Law Implemented: SDCL 23A-28B-19 , 23A-28B-20 , 23A-28B-40 .

Prior versions effective: 2009-10-12.