Crime Victim Compensation Fund
The State of Missouri has a fund to reimburse residents who have suffered injuries causing a financial loss due to certain crimes of violence. The program is administered by the Crime Victims’ Compensation Unit of the Division of Workers’ Compensation.
The program only applies to violent crimes or sexual assaults. It provides compensation for medical expenses, drug and counseling expenses, funeral expenses and lost earnings and support. The total recovery may not exceed $15,000.00.
The Victim Advocate at our office is always willing to help a victim obtain, fill out and file the applicable forms, which are filed with the Missouri Division of Workers’ Compensation. More information about the program is contained at the web site of the MISSOURI DIVISION OF WORKERS’ COMPENSATION.
Certain features of the Crime Victim Compensation Fund program are briefly summarized in the following subcategories:
Those Eligible For Benefits
You may be eligible for benefits under the Crime Victims’ Compensation Fund if:
(1) You sustained personal bodily injury:
A. As a victim of a violent crime; or
B. As the result of going to the aid of another person or peace officer, or while attempting to prevent a crime from occurring; or
(2) You are a relative (other compensable victim under Chapter 595) of a
Sexual assault victim requiring counseling in order to better assist the
Victim in their recovery; or
(3) In the event of a victim’s death,
A. You are the surviving spouse, child or other dependent of a deceased violent crime victim; or
B. You are the family member who legally assumes the obligations or voluntarily pays the medical and/or burial expenses incurred as a direct result of the crime; or
C. You are a surviving family member (other compensable victim under Chapter 595) who was living with the deceased victim at the time of the crime and require counseling as a direct result of the death of the victim; or
(4) You are a Missouri resident who suffers personal injury or death in a state that does not have a crime victims’ compensation program for which you would be eligible and that would be covered under this Statute if the crime had occurred in Missouri, or you are a Missouri resident injured by an act of terrorism which was committed outside of the United States.
Those Not Eligible For Benefits
(1) An individual injured in a motor-vehicle accident, unless the injury was intentionally inflicted by the operator of the vehicle, or the driver was charged with "driving while intoxicated" or the incident was a "hit and run";
(2) An individual who was committing a crime in connection with the incident;
(3) A victim whose conduct at the time of the incident contributed to the infliction of the injuries or death. An award may be denied or reduced depending upon the degree of the contribution;
(4) The victim was an offender or an accessory to the incident;
(5) The out-of-pocket expense did not exceed $50.00 or the loss of two (2) continuous weeks of earnings or support;
(6) The victim was injured while confined in a federal, state, county or municipal jail, prison or other correctional facility;
(7) Persons convicted of two felonies within the past ten years.
Conditions For Eligibility
In order to receive compensation under Section 595 RSMo, the following conditions must be met:
(1) The injury must have occurred in Missouri (except as provided in Section 4 of "Those Eligible For Benefits");
(2) The incident was reported to the proper law enforcement agency within 48 hours of its occurrence, unless the victim was a minor or there is good cause shown for reporting late;
(3) The victim must cooperate with law enforcement officials in their investigation and prosecution;
(4) A claim must be filed within two years of the incident upon which it is based, unless the victim is a minor, then within two years of discovery;
(5) A claim may be filed for out-of-pocket expenses only.
Available Benefits
Approved claims can provide compensation for the following expenses:
(1) Loss of earnings or support;
(2) Funeral expenses;
(3) Reasonable medical, drug and counseling expenses.
Losses Not Eligible For Benefits
(1) Stolen or damaged property;
(2) Pain and suffering.
Limits On Awards
The Crime Victims’ Compensation Statute specifies:
(1) Total recovery may not exceed $15,000.00.
(2) Wage loss may not exceed $200.00 per week;
(3) Funeral expenses may not exceed $5,000.00;
(4) Psychological expenses may not exceed $2,500.00.
Fifty dollars will be deducted from each award, unless the claimant is sixty-five years of age or older.
Other Sources of Compensation
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The Crime Victims’ Compensation Fund is a secondary source which pays for loss not covered by other sources. These sources include, but are not limited to:
(1) Insurance (heath, life, auto, disability, etc.);
(2) Workers’ Compensation;
(3) Public funds;
(4) Sick or annual (vacation) leave paid by an employer;
(5) Restitution.
Subrogation
Under certain circumstances victims may be required to reimburse the Fund:
(1) If, as a part of the criminal sentence, the court orders the offender to make restitution, that portion of the restitution covering expenses paid by the fund must be reimbursed to the Fund;
(2) In the event of a successful civil suit against the offender, or a third party suit, the victim must reimburse the Fund for expenses already paid, or a claim may be denied in the event the recovery was more than the victim’s economic loss.
Attorney Assistance With Filing
The claimant may present evidence and testimony on his/her own behalf or may retain counsel. If legal representation is sought, the Division of Workers’ Compensation shall determine and allow reasonable attorneys’ fees, not to exceed fifteen percent. Any attorney’s fee allowed shall be paid out of, not in addition to, the amount of compensation awarded.
Procedures
After receiving the proper claim forms, the Crime Victims’ Compensation Unit conducts an investigation. Witnesses, law enforcement officers, physicians, hospitals and employers may be contacted for reports and verification. The Unit then makes a decision on the claim and the claimant is notified.
How to File a Claim
If you wish to file a claim, applications may be obtained from the Cape Girardeau County Prosecuting Attorney’s Office, or from:
Crime Victims’ Compensation Fund
Jefferson City, MO 65102-0058
(573) 526-6006
1-800-347-6881
With some computers, you may be able to down-load the forms through the web page of the MISSOURI DIVISION OF WORKERS’ COMPENSATION.