What is the Crime Victim Compensation Fund?

What compensation may be awarded?

Awards from the Crime Victim Compensation Fund are limited to:

maximum total dollars --- $15,000.00

maximum funeral expenses --- $2,000 --- including up to $500 in grief counseling for the spouse, children, parents or siblings of the person who died

up to $200.00 for each week of lost earnings or lost support (in the case of a death)

26 hours of psychological counseling for the injured person, at up to $80/hour for a licensed therapist or up to $90/hour for a licensed psychologist or physician

losses resulting from an injury or death are awarded only if a person has no insurance or public assistance available

victim must have suffered a serious financial hardship

The actual amount of compensation, if any, depends upon the facts of each case. Do not try to decide for yourself whether you are eligible. If you have any doubt, file a claim and the Board will decide.

NOTE: The minimum loss requirements will be waived for persons retired by reason of age or disability, and for the expense of forensic medical exams for sexual assault victims.

What losses are not covered?

personal property loss or damage

pain and suffering

crime scene clean-up

relocation costs, living expenses or the costs of participating in a trial

lost earnings by an injured person's family members

injuries received while confined in a correctional facility

in traffic cases, crime victims' compensation is limited to the unpaid balance on funeral expenses after no-fault insurance pays

Where does the money come from?

Money to support the Crime Victim Compensation Fund is paid by criminal defendants convicted in Michigan's courts, plus from some criminal fines in Michigan's federal courts.

Am I a "crime victim"?

you suffered personal physical injury as the direct result of a crime in Michigan,

you suffered personal physical injury while trying to help a crime victim,

you are a surviving spouse, parent, child, grandparent, grandchild, brother or sister of a person who died as a direct result of a crime,

you are a Michigan resident who was injured by crime committed in another state, when that other state does not have a victim compensation program available, or

you are a Michigan resident who was injured outside the U.S.A. by an act of international terrorism.

Does the Crime Victim Compensation Fund only apply to "assault" victims?

What conditions apply to the Crime Victim Compensation Fund?

the crime must have been reported to the police within 48 hours (unless the Commission finds there was good cause for a longer delay);

the crime victim must have cooperated with the investigation and court proceedings against the defendant(s);

the crime victim must not have caused the injury or been doing something illegal or dangerous at the time of the injury;

the person filing the claim can not be criminally responsible for the crime, be an accomplice, or have contributed to the infliction of the injury;

the person filing the claim cannot be an inmate;

the crime victim must have a minimum $200 out-of-pocket medical expense and/or a loss of two continuous weeks of earnings or support;

the compensation claim must be filed within 1 year of the crime or 1 year of the victim's death (although other time limits apply when a child is a victim of sexual abuse, or when a crime is discovered by a law enforcement agency where the injury was previously determined to be accidental, of unknown origin, or from natural causes);

a deceased victim's immediate family member may file a claim in the victim's place;

expenses or losses that are covered by personal insurance or that can be paid by another source will not be covered;

compensation is limited to medical expenses, funeral costs, counseling, rehabilitation, and loss of earnings or loss of support resulting from an injury which is the direct result of a crime. Property loss is not covered.

How do I file a claim?

What do I send?

a fully completed application;

itemized copies of all bills you want to claim. If you need further medical treatment, see if your doctor can give you a written estimate of future expenses;

copies of insurance or Medicare benefit statements for all expenses;

for lost earnings, copies of recent payroll check stubs and disability statements from your doctor;

for burial assistance, a copy of the signed itemized funeral bill;

for counseling, ask your therapist for an assessment, treatment plan and itemized bill or estimate;

for loss of support, send check stubs or the last tax return of the person who died, and the survivor's social security benefit and life insurance statements.

When do I file a claim?

within one (1) year of the date of the injury;

claims for child abuse should be filed within one (1) year of the report to the police, but no later than the child's 19th birthday;

within one (1) year of discovering that an injury, originally thought to be accidentally or naturally cause, was caused by criminal conduct;

a longer time to file a claim will be allowed after a written request shows good reason (e.g., someone helping the victim did not follow through, a child's injuries were more serious than originally believed, etc.);

you do not have to wait until the investigation or trial is over.

Do I need an attorney to file a claim?

Is my claim limited because I also have insurance?

What happens after a claim is filed?

Your claim is assigned a claim number. The Commission will notify the Prosecuting Attorney that a claim for compensation is pending. A claim specialist will conduct an investigation to verify the validity of the claim and the extent of any compensable loss. The claimant may be requested to provide documentation if the Commission is otherwise unable to verify the claim.

How long does it take for my claim to be reviewed?

This depends on the accuracy and completeness of your application, and how long it takes to get additional information the Commission needs to investigate.

You will be notified in writing with the record and findings of your claim. If it is approved, the decision will show itemized payments, which will be made within a few days; if you owe money to your medical providers, the Commission will pay the providers.

If my claim is denied, can I appeal?

Is my application confidential?

A person's papers and testimony before the Commission are private. The Commission may tell only whether a person's claim was approved or denied. Any other information will only be released by a court order.