(a) The Commission, upon proper application and after the required preliminary hearing before the Executive Secretary and the required final consideration and if it determines that the applicant has satisfied the burden of proving all contested issues of fact, may order the payment of compensation in accordance with the provisions of this chapter from the Criminal Victims' Compensation Fund created and established as a special revolving fund in the Treasury of the Virgin Islands under section 3030 of Title 33 of this code.
(b) Subject to the limitations of subsection (a) of section 164 of this subchapter and the deductions and limitations under section 165 of this subchapter, the Commission may order the payment of compensation—
(1) to, or for the benefit of, the victim or to his estate up to the amount of expenses actually and reasonably incurred or to be incurred as a result of the injury or death of the victim, including medical, burial, and other necessary expenses; provided, however, that payments for burial expenses shall not exceed two thousand five hundred dollars ($2,500);
(2) to any person responsible for the maintenance or care of the victim who has incurred expenses as a result of the injury or death of the victim, including medical, burial, and other necessary expenses, up to the amount of such expenses; provided, however, that payments for burial expenses shall not exceed two thousand five hundred dollars ($2,500);
(3) to or for the benefit of the victim for—
(A) the loss of earnings resulting from total or partial disability and in accordance with rules issued by the Commission; and resulting from the injury equal to two-thirds (⅔) of the difference between his earnings (or earnings power, if the victim was not employed) at the time when the injury occurred, and the wages, including annual and sick leave benefit payments, if any, earned by the victim during his disability; and
(B) pain and suffering, but not to exceed five thousand dollars ($5,000);
(4) in the case of the death of the victim, to or for the benefit of any one or more of the dependents of the victim up to the amount of the pecuniary loss of such dependents, but not to exceed twenty thousand dollars ($20,000) to the spouse of the deceased victim and not to exceed five thousand dollars ($5,000) to each dependent of the deceased victim other than the spouse. Social Security benefits being paid to the surviving spouse and dependents of the deceased victim will be considered as collateral payment in determining the percentage of the victim's wages which shall be paid to the applicant.
(c) For the purpose of determining the amount of any compensation to be awarded under this chapter, the Commission shall, insofar as practicable and feasible, formulate standards for the uniform and consistent application of the provisions of this chapter, and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of the Virgin Islands and of the United States and the availability of funds in the Criminal Victims' Compensation Fund.
(d) An award may be granted under this chapter whether or not any person is prosecuted for or convicted of the crime which is the alleged cause of the injury or death. The Executive Secretary or the Commission may suspend the preliminary hearing or the final consideration, respectively, for such appropriate period during which a prosecution for the criminal offense, which is the alleged cause of the injury or death for which compensation is sought, has been commenced or is imminent.
(e) For the purposes of this section, medical expenses shall include mental health counseling and care.