Section 11.04. Economic loss.

  The department may make awards for unreimbursed economic losses as follows:

(1)  Actual cost of reasonable and necessary medical treatment.

(2)  Loss of actual earnings if the victim was employed or loss of potential earnings if the victim was not employed at the time of the crime based upon a sufficient showing by the victim that the victim incurred an actual loss of earnings. The department shall determine an award for work loss incurred as a direct result of an injury as follows:

(a) If the victim was employed at the time of the injury, an award for work loss shall be equal to the victim's unreimbursed net salary. In this paragraph "net salary" means income less deductions for federal withholding tax, state withholding tax, and FICA tax. In this paragraph "disability period" means the length of time a victim is unable to work as a direct result of injuries caused by the crime. The disability period shall be determined by a physician.

(b) If the victim was not employed at the time of the injury or, if as a direct result of the injury, the victim suffered a disability causing a loss of potential earnings, the award may be based upon a sufficient showing by the victim that the victim incurred an actual loss of earnings. The victim must have received an offer of employment and must have been unable to begin employment as a direct result of a disability caused by the crime.

(c) The amount of the award under pars. (a) and (b) may be reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in, [if] available, appropriate substitute work the victim was capable of performing but unreasonably failed to undertake.

(d) If the victim was self-employed at the time of the injury, the loss of actual earnings may be determined by taking into account the net business profit reported on the previous year's federal income tax return or the current year's net business profit based on current financial records, divided by the number of weeks covered by the income tax returns or current financial records.

(e) If the victim failed to report earnings to federal and state revenue departments, if required to do so by law, the department may not make an award under this subsection based upon any such unreported income.

(3)  Actual costs of ordinary, necessary and reasonable household services in an amount sufficient to ensure that the victim's duties and responsibilities are continued if the victim is a homemaker. Payment shall continue until the victim is able to resume the performance of the duties or until the cost of services reaches the maximum allowable under s. 949.08 (1m) (a) , Stats., whichever is less.

(4)  Reasonable replacement value of any clothing and bedding that is held for evidentiary purposes, not to exceed the limitations of s. 949.06 (1) (c) , Stats.

(5)  Reasonable replacement value of property, other than clothing and bedding under s. 949.06 (1) (c) , Stats., that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, not to exceed the limitations of s. 949.06 (1) (cm) , Stats.

(6)  Reasonable funeral and burial expenses not to exceed the limitations of s. 949.06 (1) (d) , Stats. The funeral and burial award may not be considered by the department under s. 949.08 (1m) (a) , Stats. The costs of a reception, wake, or purchase of clothing for burial are not recoverable expenses under this section.

(7)  Contributions of things of economic value provided by the victim to dependents but lost as a result of the victim's death and loss of financial support.

(8)  Reasonable and necessary costs associated with securing and cleaning up a crime scene not to exceed the limitations under s. 949.06 (1) (f) , Stats. In this subsection:

(a) "Securing a crime scene" means taking immediate steps to make the crime scene free of danger and the risk of future loss.

(b) "Cleaning up a crime scene" means removing or attempting to remove from the crime scene any stains or debris caused by the crime or the processing of the crime scene.

History: Cr. Register, February, 1992, No. 434 , eff. 3-1-92; correction in (6) made under s. 13.92 (4) (b) 7. , Stats., Register May 2016 No. 725 ; correction in (3) under 13.92 (4) (b) 7., Stats., Register June 2016 No. 726 .