cnantes said:
Just over a year ago, I was hit by a stolen car being pursued by the police and could not work or move around for over two months. I was told that my best recourse was to contact the California Victims Fund in order to get reimbursed for all damages, including medical and loss of compensation. I am a partner in a start-up business (s corp), where I have been working without salary. I had computed what my services would cost the company (contract-hire fees) for the time period when I was off work. Because we are in a start-up phase, we have had no revenues. This accident pushed out our launch, therefore our company's revenue generating ability, therefore, my compensation. After just over a year of processing, they finally paid off my medical bills, but have told me that I do not qualify for the compensation part. They said that I did not personally lose compensation since I was not drawing a salary, but the business did suffer a loss and could claim it when filing taxes. I have an opportunity to appeal this "recommendation" before it becomes a decision. Any tips on how to argue that I do, in fact, deserve something for the loss of my ability to work, even though I can't prove a loss in salary? Thanks in advance for any advice.
My response:
For the benefit of our other readers, I am re-printing, below, the program's eligibility and compensation requirements for "victims of violent crimes" in the State of California.
However, in response to your direct question about your corporation's loss of revenue due to your inability to work at your profession for your corporation, it is my opinion that you will not prevail.
The program was set up for real persons, not "corporate persons" - - e.g., "direct victims of crime", such as yourself and / or family members.
Additionally, it was not the corporation that was the direct victim; rather, the victim was you, personally. Since you don't draw a wage; i.e., cannot show an actual loss of income, or earning capacity, and the corporation is ineligible for compensation, you stand a good chance of losing your appeal.
Further, because your business is a "start up", any damages that the corporation may have suffered due to your absence, is "speculative" in nature. Judges do not award damages based upon speculation, conjecture or extrapolation, unless there is some basis in fact for "loss of earning capacity" by a history of income. It is quite possible, and I think you'll agree, that with or without your services, your corporation could very well fold tomorrow. Many businesses do go under, even under the best of circumstances.
Inasmuch as I understand your quandary, and your concerns, and because some of the funds for the program do, in fact, come from tax dollars (in addition to funding by the criminals themselves), I have to say that I wouldn't want my tax dollars used to fund your corporation. Rather, what little money is in the fund should only be used for reimbursement of "direct, human victims".
I do, however, wish you good luck and fortune.
IAAL
Victims of Violent Crimes:
THE PROGRAM
The California Victim / Witness Assistance Program is a statewide effort to provide support services to victims and witnesses of crime.
SERVICES
The Victim / Witness Assistance Program provides basic services that include the following:
Counseling Services: Crisis intervention and follow-up counseling for emotional, personal, and financial problems resulting from the crime.
Referral to social service agencies, counselors and others who can assist with personal problems.
Orientation to the Criminal Justice System and information about the status of the court case and victims' rights in court.
Property Recovery of personal items that are being held as evidence.
Court escort to attend court with you and provide emotional support.
Stay Away Order assistance if you are intimidated, harassed or afraid.
Other Services include: Employer intervention, parole notification, technical assistance and consultation to individuals, to the community, and to professional agencies. We will also assist you in filing claims with the Victims of Crime Restitution Fund.
VICTIMS OF CRIME COMPENSATION
The Victims of Crime Compensation Program, administered by the State Board of Control, was established to provide financial reimbursement to victims of crime who suffer unreimbursed financial losses due to physical/emotional injury as a direct result of a crime. This program is funded by fines and penalties assessed by the courts and deposited in the Restitution Fund.
YOU MAY BE ELIGIBLE FOR COMPENSATION IF:
You are injured as a result of a violent crime.
You depend on the victim for support.
You pay the medical or burial expenses of a victim who dies as a result of a crime.
You are a member of the family of a victim who is injured or murdered, and you need counseling as a result of the crime.
REQUIREMENTS:
You must file an application within one year of the crime.
You must report the crime to the police and cooperate with them in the investigation and prosecution of the case.
Your actions must not have contributed to the crime.
CALIFORNIA
State Board of Control
916.323.3432
