Each of the states and the federal government have established a crime victim compensation fund or program to assist victims of violent crime with expenses related to the crime. To receive financial assistance from a crime victim compensation fund, a person must complete an application. Crime victim compensation funds are often funded by fines and penalties assessed against convicted criminal offenders, and by private donations, rather than by tax dollars.
Eligibility for payment of crime-related costs from state and federal crime victim compensation funds varies, but such funds are generally available to pay for a variety of expenses, including:
• medical, hospital, physical therapy, and nursing home care
• psychiatric care or counseling
• loss of wages, income, or support
• loss of wages and travel expenses due to participation in the investigation and prosecution of the crime
• funeral and burial expenses
• crime scene cleanup expenses
• care for a child or a dependent
• relocation expenses for domestic violence victims and sexual assault victims attacked in their own residence
• replacement costs for clothing, bedding, or other property seized as evidence or rendered unusable as a result of the investigation
• job training and vocational rehabilitation
• training in the use of required personal health appliances
• making a home or car handicapped accessible in the event of catastrophic injuries and permanent disability
• home health care
• attorney fees for assistance in completing the crime victim compensation application
The persons eligible to receive payment for crime-related costs from crime victim compensation funds varies, but victims who may qualify for compensation generally include:
• an innocent victim of crime who suffers physical, mental, or emotional harm or death
• a person who is a dependent of a victim of a crime
• a person who legally assumes the financial obligations or voluntarily pays certain crime-related expenses on behalf of the victim
• an authorized person acting on behalf of a victim
• an immediate family member or household members related by blood or marriage who require psychiatric care or counseling as a result of the crime
• a person who comes to the aid of a crime victim or a police officer
• a police officer, firefighter, or other person whose employment includes protecting the public
In New York, the Office of Victim Services (OVS) provides a safety net for individuals and/or their families who have been victims of crime. This includes financial compensation for expenses incurred as a result of a crime, such as medical and counseling costs, loss of earnings or support, burial and funeral costs, among other expenses. To be eligible for compensation, victims must file a claim with OVS, generally within one year of the crime or within one year after a minor turns 18. The claimant must be an innocent victim of the crime, or a family member or dependent of a victim, and the crime must have occurred in New York State or to a New York State resident in a country without a compensation program. The funds for this program primarily come from the fines, fees, and surcharges that convicted offenders pay, not from taxpayer dollars. Additionally, the program may cover attorney fees associated with filing a claim. It is important for victims to know that compensation is a payer of last resort, which means it only covers costs that are not reimbursed by other sources, such as insurance.