Idaho Crime Victims' Compensation Program
THE IDAHO CRIME VICTIMS' COMPENSATION PROGRAM was established in 1986 to provide assistance to crime victims who suffer personal injuries.
THE IDAHO CRIME VICTIMS' COMPENSATION PROGRAM was established in 1986 to provide assistance to crime victims who suffer personal injuries.
Who May File a Claim for Financial Assistance?
In Idaho, a claim for benefits under the Crime Victims Compensation Act may be filed by:
What Are the Conditions for Eligibility?
To be eligible to receive financial assistance, the following conditions must be met:
What Are the Reimbursable Expenses?
The Crime Victims Compensation Program provides funds to the victim/claimant after all other sources of payment have been exhausted, up to a maximum of $25,000. When your claim is approved, payment may be made for reasonable expenses which are the direct result of the crime, including:
Medical/Counseling
Payments may be made for physician
and hospital services, medicine, counseling, and other approved treatment,
subject to a maximum benefit of $2,500 for mental health treatment. Family
members of sexual assault or homicide victims may also be eligible for
counseling benefits.
Wage Loss
Compensation may be provided for lost
wages if the victim loses more than one week of work as a result of his/her
injuries. Compensation is paid at a rate of 66 2/3% Of the victim's weekly wage
at the time of the crime, subject to a maximum of $175 per week.
Funeral Expense
Benefits may be paid for funeral
expenses up to a maximum of $2,500.
Note: Additional limits on the amount paid by this program may exist.
What Expenses Are Not Covered?
Under the program, there are certain expenses related to a crime that are not covered under the Crime Victims Compensation Act. This includes expenses related to:
How Do I File a Claim for Benefits?
To file a claim for benefits under the Crime Victims Compensation Act, you will need to complete a Crime Victim's Application for Compensation form. You can obtain the form at any of these locations:
How is the Program Funded?
The Crime Victims Compensation Program is funded by:
What is Restitution?
According to Idaho law, the victim/claimant is entitled to reimbursement from the guilty party for expenses directly related to the crime. This reimbursement is called restitution.
How Do I Request Restitution?
The victim/claimant should contact the county prosecuting attorney's office about ordering restitution as soon after charges are filed as possible. The prosecuting attorney's office will assist in preparing a restitution statement to inform the judge of your reimbursable expenses and enable the judge to determine and order the appropriate restitution. If restitution is determined inappropriate, an order giving the reasons for the denial will be issued by the court.
When the victim/claimant is awardedrestitution after receiving benefits from the Crime Victims Compensation Program, the Crime Victims Program is reimbursed first, with the remainder paid to the victim/claimant.
What happens after an application is filed?
Upon receipt of a Crime Victim's Application for Compensation form, the Case Manager requests copies of documentation of the crime, since there must be documented proof that the victim meets eligibility requirements before financial assistance can be provided. Documentation may be obtained from law enforcement agencies, prosecuting attorneys, related community agencies (i.e. the Department of Health & Welfare, Child Protective Services), witnesses, physicians, service providers, etc. The victim/claimant may be requested to provide additional information about the criminal incident.
Once the requested information is received, a determination is made to award
benefits or deny the claim. The victim/claimant will receive written
notification from the Crime Victims Compensation Program of the decision.
Does the offender have to be convicted for the victim to be eligible for compensation?
No, the offender does not have to be convicted for the victim to be eligible for
compensation. However, a victim/claimant must fully cooperate with law
enforcement and court officials, and there needs to be sufficient evidence to
show there was a crime committed.
If the victim has an insurance policy, will the program still cover the victim's expenses?
Insurance benefits and other available resources must be used or exhausted prior to payment of benefits by the Crime Victims Compensation Program. If benefits from these sources do not cover the full amount of losses, funds from the Crime Victims Compensation Program may be applied to the remaining obligations.
Other sources for payment include:
health insurance, life insurance, Medicaid/Medicare, veterans benefits, workers'
compensation, social security, disability insurance, sick leave paid by
employers, restitution from the offender, and employee assistance programs.
What is the Idaho Industrial Commission?
The Idaho Industrial Commission is the state agency responsible for administering the Idaho Crime Victims Compensation Act. The Commission administers the Act because of its expertise in dealing with the disabled and resolving disputes.
This is published for informational purposes only and is not a detailed description of all your rights under the law. Contact the Idaho Industrial Commission Crime Victims Compensation Program office in Boise if you have questions or need further clarification. A printed version of this publication is available upon request in large print and on audio cassette.
Copias en espanol estan disponibles y se pueden solicitar por escrita.
Publication costs are available from the Industrial Commission in accordance with s60-202, Idaho Code.
AA/EEO employer 9-95/CVBRCH/2500
Send completed application forms or address your questions about the Crime Victims Compensation Program to:
Idaho Industrial Commission
Crime Victims Compensation Program
317 Main St., P.O. Box 83720,
Boise, ID 83720-0041
(208) 334-6080, FAX (208) 334-2321
1-(800)-950-2110 (voice & TDD)