What “collateral sources” cannot be deducted from my award? And in calculating awards, will workers compensation and Social Security benefits be deducted?
The statute and rules make clear that the following are not Collateral Source compensation: The value of services or in-kind charitable gifts such as provision of emergency housing, food, or clothing. Charitable donations distributed to the beneficiaries of the deceased victim, to the injured Claimant, or to the beneficiaries of the injured Claimant by charities run by private or governmental entities unless those funds provided constitute, in substance, a payment described in the definition of collateral sources, and therefore should be used to offset the award. In addition, the Special Master has stated his inclination not to deduct as collateral sources the following: Money or other investments in victims’ 401(k) accounts. Certain government benefits, such as tax relief, contingent Social Security benefits, and contingent workers’ compensation benefits (or comparable contingent benefits for government employees). The statute creating the Victim Compensation Fund identifies as one of
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