§ 115B.34 — Compensable Losses
Plain-Language Summary
Compensation from the harmful substance fund for personal injury is limited to: medical expenses, up to two-thirds of lost wages (capped at $24,000 per year), death benefits for dependents (capped at $2,000 per month), and lost household labor value. Property damage compensation is limited to costs for replacing drinking water sources, installing soil vapor mitigation systems, or losses from forced sales below market value — each capped at $25,000. All limits apply per claim, and total compensation cannot exceed $250,000.
115B.34 COMPENSABLE LOSSES.
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Subdivision 1.Personal injury losses.
Losses compensable by the fund for personal injury are limited to:
(1) medical expenses directly related to the claimant’s injury;
(2) up to two-thirds of the claimant’s lost wages not to exceed $2,000 per month or $24,000 per year;
(3) up to two-thirds of a self-employed claimant’s lost income, not to exceed $2,000 per month or $24,000 per year;
(4) death benefits to dependents which the agency shall define by rule subject to the following conditions:
(i) the rule adopted by the agency must establish a schedule of benefits similar to that established by section 176.111 and must not provide for the payment of benefits to dependents other than those dependents defined in section 176.111;
(ii) the total benefits paid to all dependents of a claimant must not exceed $2,000 per month;
(iii) benefits paid to a spouse and all dependents other than children must not continue for a period longer than ten years;
(iv) payment of benefits is subject to the limitations of section 115B.36; and
(5) the value of household labor lost due to the claimant’s injury or disease, which must be determined in accordance with a schedule established by the agency by rule, not to exceed $2,000 per month or $24,000 per year. §
Subd. 2.Property damage losses.
(a) Losses compensable by the fund for property damage are limited to the following losses caused by damage to the principal residence of the claimant:
(1) the reasonable cost of replacing or decontaminating the primary source of drinking water for the property not to exceed the amount actually expended by the claimant or assessed by a local taxing authority, if the Department of Health has confirmed that the remedy provides safe drinking water and advised that the water not be used for drinking or determined that the replacement or decontamination of the source of drinking water was necessary, up to a maximum of $25,000;
(2) the reasonable cost to install a mitigation system for the claimant’s principal residence, not to exceed the amount actually expended by the claimant, if the agency has recommended such installation to protect human health due to soil vapor intrusion into the residence from releases of harmful substances. Reimbursement of eligible claims shall not exceed $25,000;
(3) losses incurred as a result of a bona fide sale of the property at less than the appraised market value under circumstances that constitute a hardship to the owner, limited to 75 percent of the difference between the appraised market value and the selling price, but not to exceed $25,000; and
(4) losses incurred as a result of the inability of an owner in hardship circumstances to sell the property due to the presence of harmful substances, limited to the increase in costs associated with the need to maintain two residences, but not to exceed $25,000.
(b) In computation of the loss under paragraph (a), clause (4), the agency shall offset the loss by the amount of any income received by the claimant from the rental of the property.
(c) For purposes of paragraph (a), the following definitions apply:
(1) “appraised market value” means an appraisal of the market value of the property disregarding any decrease in value caused by the presence of a harmful substance in or on the property; and
(2) “hardship” means an urgent need to sell the property based on a special circumstance of the owner including catastrophic medical expenses, inability of the owner to physically maintain the property due to a physical or mental condition, and change of employment of the owner or other member of the owner’s household requiring the owner to move to a different location.
(d) Appraisals are subject to agency approval. The agency may adopt rules governing approval of appraisals, criteria for establishing a hardship, and other matters necessary to administer this subdivision.
History:
1Sp1985 c 8 s 13; 1989 c 325 s 45; 1991 c 199 art 1 s 26; 2002 c 379 art 2 s 13; 2003 c 128 art 2 s 23; 2011 c 76 art 1 s 9; 1Sp2015 c 4 art 4 s 112
History: History: 1Sp1985 c 8 s 13; 1989 c 325 s 45; 1991 c 199 art 1 s 26; 2002 c 379 art 2 s 13; 2003 c 128 art 2 s 23; 2011 c 76 art 1 s 9; 1Sp2015 c 4 art 4 s 112