The staff reviews the application to make sure the claim meets all of the eligibility guidelines established by law. A primary requirement is that the crime be one in which the victim suffered physical or psychological harm or death as a result of a violent crime. Eligible claimants are the victim, a dependent of a deceased victim, or a person authorized to act on behalf of the victim. Applicants must also meet the following reporting and filing REQUIREMENTS:
- There must be economic loss.
- The crime must have occurred in Oklahoma.
- The crime must have been reported to law enforcement within 72 hours of the incident. The Board or administrator may find good cause for failure to report within this period. Exceptions are always made for child victims.
- The claim for compensation must be filed within one (1) year of the crime-related injury of the victim. The one (1) year deadline may be waived for good cause.
- The claimant is required to fully cooperate with the police, prosecution and other law enforcement entities during the investigation and prosecution of the offender.
- Compensation cannot benefit the offender or an accomplice.
- Compensation that could be awarded to a claimant shall be reduced or denied, depending on the degree of responsibility for the injury or death that is attributable to the victim.
The Crime Victims’ Compensation Fund is the PAYER OF LAST RESORT. Expenses that are paid or eligible to be paid from other sources such as: health insurance, Medicaid, Workers’ Compensation, Medicare, and Indian Health Services may not be compensated. Employer paid leave programs are also considered a collateral source when applying for work loss. Social Security benefits are a collateral source when applying for loss of support.
If an application is DENIED, the victim or claimant is given a written explanation and instructions on how to exercise their right to APPEAL. The first appeal is to the Board. If a victim or claimant is still dissatisfied with the decision, the second step in the process is to file a petition in District Court.
Up to $7,500 may be reimbursed for expenses related to the funeral, cremation, or burial of a deceased victim.
Needed services which cannot be obtained without prior approval of the victims compensation claim or payment in advance from the victim. To submit a request for future economic loss, include an itemized list of the expenses you expect to incur, along with an explanation regarding the expense. If the expense is for dental work or surgery necessary to repair damage from the criminal incident, ask the attending physician to write an accurate estimate which clearly states the work to be performed and the cost. The attending physician should relate, in writing, the need for medical treatment due to injuries sustained during the crime.
In addition to expenses listed throughout the instructions, the following expenses may also be considered for reimbursement in traditional healing or burial ceremonies for American Indian victims of crime and family members of American Indian homicide victims: 1) traditional native counseling and healing from an elder or spiritual healer, minister, pastor, or faith-based counselor; 2) sweat lodge and smudging ceremonies; 3) ceremonial burials, including clothing for the deceased, meals/food baskets and other expenses related to the traditional giveaway or gifting practices of the Tribe; 4) child care during burial ceremony; 5) reimbursement of gifts to individuals for the performance of service (i.e. quilts, cooking, etc.). In order for reimbursement of these expenses, receipts must be provided with the item’s purpose clearly noted on the receipt. The maximum allowable for burial related expenses, including gifting, is $7,500. The maximum allowable for healing services is $3,000 for the injured victim. The maximum for healing services for each family member after a homicide is also $3,000. The maximum award for all services compensated through the Crime Victims Compensation Program may not exceed $20,000. If requesting reimbursement for healing or burial ceremonies, please also complete the “Request for Traditional American Indian Services” form located at: https://www.okvictimscomp.com/just-for-victims/
Loss of income from work the victim would have performed if he/she had not been injured. Work loss must be verified by the employer and the attending physician. Caregiver work loss can be awarded up to $2,000 if the work loss is verified by the victim’s physician and an employer’s certificate from the caregiver’s employer is filed. Caregiver work loss may only be awarded to persons who have non-reimbursed wage loss due to caring for an injured victim of crime.
In the event of the death of a victim, the Board may consider providing reimbursement for loss of support to a dependent based on the victim’s net income at the time of death, less any collateral sources such as: Life insurance (over $50,000), Social Security, Worker’ Compensation, uninsured motorist coverage, or 3rd party reimbursements. Monthly installments or a lump sum award is at the discretion of the Board.
Includes products, services, and accommodations for medical care (Examples: doctor exams, dental work, hospital treatment, hospital stay, artificial limbs, prescriptions, and eye glasses). Medical related fees will be paid up to 80% of the maximum allowance.
Rehabilitation – Includes such things as physical and psychological therapy, rehabilitative occupational training, and other remedial treatment and care.
There are no fee schedule limitations. The maximum compensable amount for the victim’s counseling is $3,000. This limit may be waived by the Board in extenuating circumstances. Although the Board no longer has a fee schedule for counseling, victims are advised to seek treatment from a licensed mental health professional.
Crisis counseling that is initiated within three years of the crime is compensable, up to $3,000 for each family member of a homicide victim, provided the counselor is a qualified mental health care provider. Medical and pharmaceutical treatment for a family member of a homicide victim is not compensable.
Crime scene cleanup can be covered up to $2,000.
Expenses reasonably incurred in obtaining ordinary and necessary services in place of those the victim would have performed for the benefit of self or family, if the victim had not been injured.
IMPORTANT: Pain and suffering and personal property are NOT allowable expenses under the Crime Victims Compensation Act