<?xml version='1.0' encoding='utf-8'?>
<section article="gcp" article_name="Criminal Procedure" number="11-811" title_number="11" title_name="Victims and Witnesses" subtitle_number="8" subtitle_name="Criminal Injuries Compensation Board">
  <level label="a">
    <level label="1">
      <level label="i">
        <text>Except as otherwise provided in this subsection, an award under this subtitle shall be made in accordance with the schedule of benefits, as it existed on January 1, 2001, and degree of disability as specified in Title 9, Subtitle 6 of the Labor and Employment Article and any other applicable provisions of the Labor and Employment Article, except for Title 9, Subtitle 8 of the Labor and Employment Article.</text>
      </level>
      <level label="ii">
        <text>For determining the amount of an award under this subtitle, the term “average weekly wages” does not include tips, gratuities, and wages that are undeclared on the claimant’s State or federal income tax returns for the applicable years.</text>
      </level>
      <level label="iii">
        <text>If a claimant does not have “average weekly wages” to qualify under the formula in Title 9, Subtitle 6 of the Labor and Employment Article, the award shall be in an amount equal to the average of the maximum and minimum awards listed in the applicable portion of that subtitle.</text>
      </level>
    </level>
    <level label="2">
      <text>An award for loss of earnings or support made under this subtitle may be up to two–thirds of the victim’s gross average wage, but may not be less than the amount provided in paragraph (1) of this subsection.</text>
    </level>
    <level label="3">
      <text>The parent or guardian of a victim who is a child and who resides with the victim may be eligible for an award of up to 30 days of lost earnings as a result of caring for the victim.</text>
    </level>
    <level label="4">
      <text>An award for funeral expenses may not exceed $10,000.</text>
    </level>
    <level label="5">
      <text>Subject to the limitation under subsection (b)(3) of this section and § 11–812 of this subtitle, a person who is eligible for an award as the result of the death of a victim or psychological injury may be eligible, under the regulations that the Board adopts, to receive psychiatric, psychological, or mental health counseling.</text>
    </level>
    <level label="6">
      <text>Subject to the limitation under subsection (b)(6) of this section and § 11–812 of this subtitle, a parent, child, domestic partner, dependent, or spouse of a victim who resides with the victim and who is eligible for an award as the result of the injury of a victim is eligible to receive psychiatric, psychological, or mental health counseling.</text>
    </level>
    <level label="7">
      <text>Subject to the limitation under subsection (b)(7) of this section and § 11–812 of this subtitle, a parent, child, domestic partner, dependent, or spouse of a victim who died as a direct result of a crime or delinquent act is eligible for an award of up to 2 weeks of lost average weekly wages.</text>
    </level>
  </level>
  <level label="b">
    <text>Compensation awarded under this subtitle may not exceed:</text>
    <level label="1">
      <text>for a disability–related or dependency–related claim:</text>
      <level label="i">
        <text>except as provided in item (ii) of this paragraph, $25,000; or</text>
      </level>
      <level label="ii">
        <text>if the injury to the victim results in permanent total disability, up to an additional $25,000 after a disability–related claim has been awarded to the victim;</text>
      </level>
    </level>
    <level label="2">
      <text>$45,000 for a medical claim;</text>
    </level>
    <level label="3">
      <text>$45,000 for each claimant for psychiatric, psychological, or mental health counseling under subsection (a)(5) of this section;</text>
    </level>
    <level label="4">
      <text>except as provided in item (1)(ii) of this subsection, a total of $45,000, including any subsequent and supplemental awards;</text>
    </level>
    <level label="5">
      <text>$2,000 for each claimant for repair, replacement, or cleaning of property damaged, soiled, or littered as a result of a crime or law enforcement investigation of a crime, including the cost of replacing locks;</text>
    </level>
    <level label="6">
      <text>for an award for psychiatric, psychological, or mental health counseling made under subsection (a)(6) of this section:</text>
      <level label="i">
        <text>$10,000 for each claimant; and</text>
      </level>
      <level label="ii">
        <text>$20,000 for each incident; or</text>
      </level>
    </level>
    <level label="7">
      <text>$2,000 for lost average weekly wage claims made under subsection (a)(7) of this section.</text>
    </level>
  </level>
  <level label="c">
    <text>An award made under this subtitle shall be reduced by the amount of any payments received or to be received as a result of the injury:</text>
    <level label="1">
      <text>from or on behalf of the offender;</text>
    </level>
    <level label="2">
      <text>except as provided in item (3) of this subsection, from any other public or private source, including an award of the State Workers’ Compensation Commission under the Maryland Workers’ Compensation Act;</text>
    </level>
    <level label="3">
      <text>from any proceeds of life insurance in excess of $25,000; or</text>
    </level>
    <level label="4">
      <text>as an emergency award under § 11–813 of this subtitle.</text>
    </level>
  </level>
  <level label="d">
    <text>If there are two or more persons entitled to an award as a result of the death of a victim, the award shall be apportioned among the claimants.</text>
  </level>
  <level label="e">
    <text>The Board may negotiate a settlement with:</text>
    <level label="1">
      <text>a health care provider for the medical and medically related expenses; or</text>
    </level>
    <level label="2">
      <text>a person that has provided funeral or death–related services in relation to the death of a victim.</text>
    </level>
  </level>
</section>
