Eligibility Benefits

Who can file a claim?

The following persons can file that have suffered personal injury, mental trauma or death directly related to a crime:
Victim, parent or legal guardian of minor victim, citizen trying to prevent a crime, surviving spouse, parent, grandparent, sibling or child, person legally dependent on support from deceased victim, person who paid for a victim’s funeral.

Top

Who is eligible for an award?

Residency:

  • Crime occurred in Virginia, or
  • A resident of Virginia, if crime occurred in a territory where a compensation program does not exist

Reporting the Crime/cooperation with law enforcement

  • Crime must have been reported to law enforcement within 120 hours, unless good cause can be shown.
  • CICF application must be filed within 1 year of the commission of the crime, unless good cause can be shown.
  • Participation in the criminal justice process is required Contribution.
  • The claimant cannot have participated in, consented to, or provoked the crime.

Income

  • The claimant's income is not considered in determining eligibility.
  • However, collateral resources are considered and CICF is the payer of last resort.

Top

Typically covered crimes

  • Assault and Battery
  • Assault with a Deadly Weapon
  • Child Abuse/Molest
  • Domestic Violence
  • Driving under the Influence
  • Vehicular Manslaughter– if malicious intent or drunk driving
  • Murder
  • Robbery
  • Sexual Assault
  • Other violent crimes as defined by statute

Top

Who cannot receive assistance?

  • Persons who commit the crime
  • Persons who participated in or were involved in the events leading to the crime
  • Persons who do not cooperate with law enforcement in the investigation of the crime and/or prosecution of any known suspects
  • Persons who knowingly or intentionally submitted false or forged information to CICF

Top

How long will it take?

On average, it can take 6 months for CICF to obtain all the required documentation that is needed to make a decision on a claim.

CICF tries to take the burden off the victim by obtaining all the necessary information directly from the sources; however, the claim moves faster if the victim can provide CICF with information that is being requested.

If you need assistance in perfecting your claim, please contact the Ombudsman.
The Ombudsman Toll-free: 1-800-552.4007 or Via
Email: cicfombudsman@vwc.state.va.us

Once an award is made, an award letter is sent to the claimant immediately, however, it can take 30 to 60 days for the victim or provider to receive a check. Checks are mailed from the Treasurer of Virginia.

Top

Expenses eligible for reimbursement

  • The total maximum award is $25,000.00 expenses considered by the fund must be directly related to the crime.
  • CICF will consider payment for providers that your insurance company may refer to as Out-Of-Network.

Top

What benefits are not available?

  • Property loss
  • Attorney fees
  • Pain and suffering

Top

How to file a claim

Applications may be obtained on-line, from your local Victim/Witness Assistance Program or the Criminal Injuries Compensation Fund (see address and telephone number below).

Applications must be submitted within one year, unless good cause can be shown for late filing.

We encourage you to contact your local Victim/Witness office, as they may assist you in obtaining documents necessary to process your claim.

Top

Emergency awards

An emergency award can be awarded for lost wages, if the claim appears to meet the qualifications and the victim will suffer undue financial hardship.
The maximum allowable emergency award is $2,000.00.

Top

What does the Fund need to make an award?


Every claim is different, therefore, different information is needed on each claim. However, the following is information that CICF may need to process a claim.

  • Application Must be completed in full and SIGNED and NOTARIZED
  • Police Report Official copy of the police report from the law-enforcement office where the crime was reported and investigative reports
  • Police/Sheriff Report Form The Fund supplies all law-enforcement agencies with an official CICF form for the investigating officers to complete and return to CICF
  • Death Certificate In a death claim, the Fund needs an official Death Certificate
  • Insurance Information Copies of all insurance cards, Explanation of Benefits from all insurance coverage carriers
  • Employer Report Form If you are requesting compensation for lost wages, your employer must complete the Employer Report form and return it to CICF
  • Medical Records and Itemized Statements CICF must obtain your medical records…this would show how your injuries relate to the crime and/or crime date. The itemized statement is NOT just a bill with a balance…we must obtain a copy of all procedures and the cost breakdown for each
  • Counseling Treatment Plan and Progress reports To be completed and returned by your licensed counselor/therapist
  • Dental Treatment Plan To be completed and returned by your dentist
  • Receipts Please submit all receipts for prescriptions and eyeglasses

Top

Collateral resources

CICF is the payer of last resort. CICF will pay any out-of-pocket expenses incurred due to a crime, however, we consider all collateral resources before making an award. Collateral resources are:

  • Health Insurance
  • Social Security
  • Life Insurance
  • Medicare/Medicaid
  • Disability Benefits
  • Accident Insurance
  • Homeowner’s Or Renter's Insurance

Top

How a claim is processed

  • When CICF receives an application, it is reviewed and entered in our database
  • Letters are generated from the information provided on the application requesting the information necessary to make a decision
  • An acknowledgement letter is generated to the victim with a list of all the information needed to complete a claim
  • The acknowledgement letter is used in the file to identify what items have been received
  • As mail is received on a claim, the file is pulled and the mail is placed in the file and put on the examiner's desk for review. Once all information has been received, the examiner can make a decision
  • The examiner reviews the mail and checks off what has been received on the acknowledgement letter
  • After a claim has been in the office for 42 days, a letter is mailed to the applicant explaining what is still needed. State law directs that it is the applicant’s responsibility to obtain this information to perfect the claim
  • Upon request, the Ombudsman is available to assist applicants in obtaining needed information to process a claim
  • 180 days after a claim has been filed, the examiner makes a determination on the claim based on the information that has been received: the claim is denied or awarded

Top

Appeals

If an applicant disagrees with the decision, an appeal process is available. Instructions for and assistance with filing an appeal are provided to each applicant.

Top

 

 

""