Crime Victim Compensation: Eligibility, Covered Expenses, and How to Apply

Crime victim compensation is a state-run program that reimburses survivors of violent crimes for out-of-pocket costs their insurance and other benefits do not cover, including medical bills, mental health counseling, lost wages, and funeral expenses. Every state operates one, funded largely through federal grants paid out of criminal fines rather than tax dollars. Maximum awards average around $25,000, though caps and covered expenses vary by state.¹ If you were hurt by a violent crime, or you lost a family member to one, you likely qualify for something. The rules below explain who, what, and how.

Who Qualifies

You generally need to meet four conditions: report the crime to police promptly, cooperate with the investigation, file your application within the program’s deadline, and not have contributed to the crime that harmed you.² None of them is as rigid as it first sounds.

Reporting the Crime

Most programs require a police report within 72 hours.² Nearly every state allows “good cause” exceptions, and programs apply them liberally for children, incapacitated victims, domestic violence survivors, and sexual assault cases where delayed reporting is common. If you missed the window, file anyway and explain the delay.

Cooperation With Law Enforcement

Federal law requires programs to promote cooperation with “reasonable requests” from police and prosecutors, but it also carves out exceptions when cooperation is affected by a victim’s age, physical condition, psychological state, cultural or language barriers, or any health or safety concern.³ A domestic violence victim afraid to testify, or a trauma survivor struggling with PTSD, should not lose compensation solely for limited participation. The offender does not need to be arrested or convicted for you to receive an award.

Contributory Conduct

Programs can deny or reduce claims when the victim’s own conduct contributed to the crime, but under updated federal rules these denials are limited to “exceptional and specific cases.” They cannot apply when the victim’s behavior resulted from criminal force, fraud, or coercion, as in trafficking situations. The same rules prohibit states from denying compensation based on a victim’s prior criminal history, incarceration status, or parole status.⁴

Family Members and Dependents

Compensation is not limited to the person physically injured. Family members and dependents of homicide victims can file for funeral expenses, lost financial support, and mental health counseling. Many programs cover a parent or guardian who takes time off work to care for an injured child. Federal law requires programs to compensate victims of domestic violence, drunk driving, and crimes motivated by religious or racial hatred, at a minimum.³

What Expenses Are Covered

Federal law mandates that every state program cover four categories of expenses when they result from a qualifying crime: medical costs, mental health counseling, lost wages, and funeral expenses.³ Beyond those, states can add more.

Medical and Mental Health Care

Medical coverage includes hospital stays, surgery, dental work, prescription medications, eyeglasses, prosthetic devices, and treatment from any provider recognized by state law.⁵ Mental health coverage extends to therapy, psychiatric care, counseling, and medication management. In many programs, family members, especially children who witnessed a violent crime, can also receive mental health reimbursement.

Lost Wages and Lost Support

If a crime-related injury keeps you from working, compensation can cover a portion of your lost income, typically capped at a weekly rate or a total dollar amount. Family members of homicide victims can claim lost financial support. Some programs also reimburse a parent or caregiver who misses work to attend to the victim’s medical needs.

Funeral and Burial Costs

All programs cover reasonable funeral and burial expenses for homicide victims, with caps that commonly fall in the range of several thousand dollars. “Funeral expenses” is defined broadly to include burial, cremation, or other methods of interment, related ceremonies, and associated costs.⁴

Optional State Add-Ons

Many state programs go beyond the federal minimum. Optional categories states may cover include:

Temporary housing and relocation costs, especially for domestic violence and stalking victims
Crime scene cleanup, often capped at $1,000 to $2,500
Transportation to medical appointments, court appearances, or counseling
Dependent care, including childcare or eldercare tied to the crime
Home modifications needed to accommodate a disability caused by the crime

Federal guidelines list all of these as eligible optional categories that states can fund with VOCA grant money.⁴ Check your state program’s website to see which ones apply where you live.

What Compensation Does Not Pay For

Programs generally do not pay for property damage or stolen belongings. The federal government does not include property loss in its reimbursement to states, which discourages most programs from covering it.³ A handful of states offer limited coverage for safety-related items like replacement locks or clothing held as evidence, but a stolen laptop or damaged car is almost never reimbursable. Those losses are better pursued through homeowner’s or renter’s insurance, or a civil lawsuit against the offender.

Sexual Assault Forensic Exams

One expense operates under different rules. Under the Violence Against Women Act, sexual assault forensic exams must be provided free of charge, and the victim cannot be required to cooperate with law enforcement or participate in the criminal justice system as a condition of receiving the exam or being reimbursed for it. This applies regardless of whether you file a police report or a compensation claim. If a hospital tries to bill you for a forensic exam, that violates federal law.

Filing Deadlines

This is where people lose money they are entitled to. Every program sets a deadline for submitting your application after the crime, and missing it usually means forfeiting your right to compensation entirely. Deadlines commonly range from one to five years. Many programs apply a one-year standard, though others allow two or three.²

Child victims almost always get extended deadlines. A common approach lets minors file until a set age, such as their 20th or 24th birthday, regardless of when the crime occurred. Some states also toll the deadline for adults who discover a crime-related injury later, particularly in cases of childhood sexual abuse. If you are unsure whether you are still within the window, contact your state’s program directly. Many have authority to waive deadlines for good cause, and the worst outcome of asking is being told no.

Benefit Caps and the Payer-of-Last-Resort Rule

Every program sets a ceiling on how much a single claim can receive. Maximum benefits across the states average about $25,000, with some states offering considerably more and others less.¹ A few states cap total awards above $50,000 or $70,000 for the most severe cases. Individual expense categories, such as funeral costs or lost wages, often have their own sub-caps.

Compensation is designed to fill gaps, not replace existing coverage. Federal law makes these programs the “payer of last resort,” meaning they only cover what remains after you have used private health insurance, workers’ compensation, disability benefits, Medicaid, Medicare, or Veterans’ benefits.⁵ Submit claims to your insurance first and then bring the remaining balance to the program. If you do not have insurance, the program steps in for the full eligible amount. The payer-of-last-resort rule is not a barrier to eligibility; it only determines the order of payment.

How to Apply

Most states offer application forms through the attorney general’s website or a dedicated victim services office, with online and paper options. Gathering documentation upfront saves weeks of back-and-forth.

Start with the police report or case number. Even without a copy of the full report, the case number lets the program pull the details from law enforcement.² Beyond that, expect to provide:

Itemized medical bills from hospitals, doctors, dentists, therapists, and pharmacies
Proof of income loss, such as pay stubs or an employer letter confirming your rate and dates missed
Receipts for other out-of-pocket spending tied to the crime
Explanation of Benefits statements showing what your insurer paid and what balance remains

Some programs also ask for basic details about the offender if known. Provide what you have; an unidentified offender does not prevent you from filing. Most agencies accept electronic submissions through an online portal. If you prefer paper, send the package by certified mail so you have proof of the filing date. Victim advocates at the local prosecutor’s office or police department often help with the forms at no charge.

After You File

A claims examiner reviews your documents, confirms the police report, and verifies that no other funding source covers the costs. Standard processing takes roughly 90 to 120 days, and complex cases can run longer.² The biggest delay is usually waiting for medical providers or law enforcement to respond to verification requests.

If you are in financial crisis and cannot wait three months, ask about an emergency award. Many programs offer advance payments for urgent needs. These advances come out of your final compensation, so they are not additional money, and if the program later denies the full application you may have to repay the advance. When you are facing eviction or cannot afford medication, an emergency award can still bridge the gap.

If Your Claim Is Denied

A denial is not the end. Every state program provides a formal appeal process. Common reasons for denial include missing documentation, a late filing, or a finding of contributory conduct. Read the stated reason carefully. In many cases the problem is fixable: a missing police report can be obtained, a late filing can be explained with good cause, or a contributory conduct finding can be challenged with additional context.

Appeal deadlines vary by state but typically fall in the 30-to-45-day range after you receive the decision letter. The appeal usually involves a written request along with any new evidence. Some programs offer an in-person hearing, which is generally informal and non-adversarial. The appeals process costs nothing, so filing one when you have grounds is almost always worth the effort.

If You Later Receive a Civil Settlement

This catches people off guard. If you receive compensation from the state program and later win a civil lawsuit or insurance settlement for the same injuries, most programs will require you to repay some or all of what you received. This is called subrogation, and it exists because the program is meant to be a safety net rather than a windfall on top of other recovery.

Repayment typically covers only the economic damages that overlap with what the program already paid. If your civil settlement includes money for pain and suffering or other non-economic harm, that portion usually is not subject to repayment. Programs commonly deduct a share of your attorney fees before calculating what you owe back. If you are considering a civil lawsuit after receiving compensation, mention the award to your attorney early so they can factor the repayment obligation into settlement negotiations. Failing to notify the program about a pending lawsuit can mean having to repay the full amount without the attorney fee deduction.

1
National Association of Crime Victim Compensation Boards. Victim Compensation
2
Office for Victims of Crime. Overview of Compensation
3
Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation
4
Federal Register. VOCA Victim Compensation Grant Program
5
Office for Victims of Crime. VOCA Victim Compensation Grant Program Guidelines