The right to benefits under this chapter and the amount thereof
will be governed insofar as is applicable by the provisions
contained in chapter 51.32 RCW except as provided in this
section:
(1) The provisions contained in RCW 51.32.015, 51.32.030,
51.32.072, 51.32.073, 51.32.180, 51.32.190, and 51.32.200 are not
applicable to this chapter.
(2) Each victim injured as a result of a criminal act,
including criminal acts committed between July 1, 1981, and
January 1, 1983, or the victim's family or dependents in case of
death of the victim, are entitled to benefits in accordance with
this chapter, subject to the limitations under RCW 7.68.015. The
rights, duties, responsibilities, limitations, and procedures
applicable to a worker as contained in RCW 51.32.010 are
applicable to this chapter.
(3) The limitations contained in RCW 51.32.020 are
applicable to claims under this chapter. In addition thereto, no
person or spouse, child, or dependent of such person is entitled
to benefits under this chapter when the injury for which benefits
are sought, was:
(a) The result of consent, provocation, or incitement by the
victim, unless an injury resulting from a criminal act caused the
death of the victim;
(b) Sustained while the crime victim was engaged in the
attempt to commit, or the commission of, a felony; or
(c) Sustained while the victim was confined in any county or
city jail, federal jail or prison or in any other federal
institution, or any state correctional institution maintained and
operated by the department of social and health services or the
department of corrections, prior to release from lawful custody;
or confined or living in any other institution maintained and
operated by the department of social and health services or the
department of corrections.
(4) The benefits established upon the death of a worker and
contained in RCW 51.32.050 shall be the benefits obtainable under
this chapter and provisions relating to payment contained in that
section shall equally apply under this chapter: PROVIDED, That
benefits for burial expenses shall not exceed the amount paid by
the department in case of the death of a worker as provided in
chapter 51.32 RCW in any claim: PROVIDED FURTHER, That if the
criminal act results in the death of a victim who was not
gainfully employed at the time of the criminal act, and who was
not so employed for at least three consecutive months of the
twelve months immediately preceding the criminal act;
(a) Benefits payable to an eligible surviving spouse, where
there are no children of the victim at the time of the criminal
act who have survived the victim or where such spouse has legal
custody of all of his or her children, shall be limited to burial
expenses and a lump sum payment of seven thousand five hundred
dollars without reference to number of children, if any;
(b) Where any such spouse has legal custody of one or more
but not all of such children, then such burial expenses shall be
paid, and such spouse shall receive a lump sum payment of three
thousand seven hundred fifty dollars and any such child or
children not in the legal custody of such spouse shall receive a
lump sum of three thousand seven hundred fifty dollars to be
divided equally among such child or children;
(c) If any such spouse does not have legal custody of any of
the children, the burial expenses shall be paid and the spouse
shall receive a lump sum payment of up to three thousand seven
hundred fifty dollars and any such child or children not in the
legal custody of the spouse shall receive a lump sum payment of
up to three thousand seven hundred fifty dollars to be divided
equally among the child or children;
(d) If no such spouse survives, then such burial expenses
shall be paid, and each surviving child of the victim at the time
of the criminal act shall receive a lump sum payment of three
thousand seven hundred fifty dollars up to a total of two such
children and where there are more than two such children the sum
of seven thousand five hundred dollars shall be divided equally
among such children.
No other benefits may be paid or payable under these
circumstances.
(5) The benefits established in RCW 51.32.060 for permanent
total disability proximately caused by the criminal act shall be
the benefits obtainable under this chapter, and provisions
relating to payment contained in that section apply under this
chapter: PROVIDED, That if a victim becomes permanently and
totally disabled as a proximate result of the criminal act and
was not gainfully employed at the time of the criminal act, the
victim shall receive monthly during the period of the disability
the following percentages, where applicable, of the average
monthly wage determined as of the date of the criminal act
pursuant to RCW 51.08.018:
(a) If married at the time of the criminal act, twenty-nine
percent of the average monthly wage.
(b) If married with one child at the time of the criminal
act, thirty-four percent of the average monthly wage.
(c) If married with two children at the time of the criminal
act, thirty-eight percent of the average monthly wage.
(d) If married with three children at the time of the
criminal act, forty-one percent of the average monthly wage.
(e) If married with four children at the time of the
criminal act, forty-four percent of the average monthly wage.
(f) If married with five or more children at the time of the
criminal act, forty-seven percent of the average monthly wage.
(g) If unmarried at the time of the criminal act,
twenty-five percent of the average monthly wage.
(h) If unmarried with one child at the time of the criminal
act, thirty percent of the average monthly wage.
(i) If unmarried with two children at the time of the
criminal act, thirty-four percent of the average monthly wage.
(j) If unmarried with three children at the time of the
criminal act, thirty-seven percent of the average monthly wage.
(k) If unmarried with four children at the time of the
criminal act, forty percent of the average monthly wage.
(l) If unmarried with five or more children at the time of
the criminal act, forty-three percent of the average monthly
wage.
(6) The benefits established in RCW 51.32.080 for permanent
partial disability shall be the benefits obtainable under this
chapter, and provisions relating to payment contained in that
section equally apply under this chapter.
(7) The benefits established in RCW 51.32.090 for temporary
total disability shall be the benefits obtainable under this
chapter, and provisions relating to payment contained in that
section apply under this chapter: PROVIDED, That no person is
eligible for temporary total disability benefits under this
chapter if such person was not gainfully employed at the time of
the criminal act, and was not so employed for at least three
consecutive months of the twelve months immediately preceding the
criminal act.
(8) The benefits established in RCW 51.32.095 for
continuation of benefits during vocational rehabilitation shall
be benefits obtainable under this chapter, and provisions
relating to payment contained in that section apply under this
chapter: PROVIDED, That benefits shall not exceed five thousand
dollars for any single injury.
(9) The provisions for lump sum payment of benefits upon
death or permanent total disability as contained in RCW 51.32.130
apply under this chapter.
(10) The provisions relating to payment of benefits to, for
or on behalf of workers contained in RCW 51.32.040, 51.32.055,
51.32.100, 51.32.110, 51.32.120, 51.32.135, 51.32.140, 51.32.150,
51.32.160, and 51.32.210 are applicable to payment of benefits
to, for or on behalf of victims under this chapter.
(11) No person or spouse, child, or dependent of such person
is entitled to benefits under this chapter where the person
making a claim for such benefits has refused to give reasonable
cooperation to state or local law enforcement agencies in their
efforts to apprehend and convict the perpetrator(s) of the
criminal act which gave rise to the claim.
(12) In addition to other benefits provided under this
chapter, victims of sexual assault are entitled to receive
appropriate counseling. Fees for such counseling shall be
determined by the department in accordance with RCW 51.04.030,
subject to the limitations of RCW 7.68.080. Counseling services
may include, if determined appropriate by the department,
counseling of members of the victim's immediate family, other
than the perpetrator of the assault.
(13) Except for medical benefits authorized under RCW 7.68.080, no more than thirty thousand dollars shall be granted
as a result of a single injury or death, except that benefits
granted as the result of total permanent disability or death
shall not exceed forty thousand dollars.
(14) Notwithstanding other provisions of this chapter and
Title 51 RCW, benefits payable for total temporary disability
under subsection (7) of this section, shall be limited to fifteen
thousand dollars.
(15) Any person who is responsible for the victim's
injuries, or who would otherwise be unjustly enriched as a result
of the victim's injuries, shall not be a beneficiary under this
chapter.
(16) Crime victims' compensation is not available to pay for
services covered under chapter 74.09 RCW or Title XIX of the
federal social security act, except to the extent that the costs
for such services exceed service limits established by the
department of social and health services or, during the 1993-95
fiscal biennium, to the extent necessary to provide matching
funds for federal medicaid reimbursement.
(17) In addition to other benefits provided under this
chapter, immediate family members of a homicide victim may
receive appropriate counseling to assist in dealing with the
immediate, near-term consequences of the related effects of the
homicide. Fees for counseling shall be determined by the
department in accordance with RCW 51.04.030, subject to the
limitations of RCW 7.68.080. Payment of counseling benefits
under this section may not be provided to the perpetrator of the
homicide. The benefits under this subsection may be provided
only with respect to homicides committed on or after July 1,
1992.
(18) A dependent mother, father, stepmother, or stepfather,
as defined in RCW 51.08.050, who is a survivor of her or his
child's homicide, who has been requested by a law enforcement
agency or a prosecutor to assist in the judicial proceedings
related to the death of the victim, and who is not domiciled in
Washington state at the time of the request, may receive a
lump-sum payment upon arrival in this state. Total benefits
under this subsection may not exceed seven thousand five hundred
dollars. If more than one dependent parent is eligible for this
benefit, the lump-sum payment of seven thousand five hundred
dollars shall be divided equally among the dependent parents.
[2002 c 54 § 1; 1996 c 122 § 5; 1993 sp.s. c 24 § 912; 1992 c 203 § 1; 1990 c 3 § 502; 1989 1st ex.s. c 5 § 5; 1989 c 12 § 2; 1987 c 281 § 8; 1985 c 443 § 15; 1983 c 239 § 2; 1982 1st ex.s. c 8 § 2; 1981 1st ex.s. c 6 § 26; 1977 ex.s. c 302 § 5; 1975 1st ex.s. c 176 § 3; 1973 1st ex.s. c 122 § 7.]
NOTES:
Findings -- Intent -- 1996 c 122: See note following RCW 7.68.035.
Severability -- Effective dates -- 1993 sp.s. c 24: See notes following RCW 28A.310.020.
Index, part headings not law -- Severability -- Effective dates -- Application -- 1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability -- Application -- Effective dates -- 1989 1st ex.s. c 5: See notes following RCW 7.68.015.
Effective date -- 1987 c 281: See note following RCW 7.68.020.
Application -- 1985 c 443 § 15: "The amendments to RCW 7.68.070 by this act apply only to criminal acts occurring after December 31, 1985." [1986 c 98 § 3; 1985 c 443 § 17.]
Severability -- Effective date -- 1985 c 443: See notes following RCW 7.69.010.
Effective dates -- Intent -- Reports -- 1982 1st ex.s. c 8: See notes following RCW 7.68.035.
Effective date -- Severability -- 1981 1st ex.s. c 6: See notes following RCW 74.04.005.