Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.
The following information regarding crime victims is brought to you as a public service by the lawyers of the State of Oregon and Oregon's Victims' Compensation Program. The material presented is general legal information intended to alert you to possible legal problems and solutions.
Compensation
For Victims of Crime
Every year hundreds
of people are killed or injured in this state as a result of violent
crime. These people are victims of robberies, child abuse, assaults,
rapes, domestic violence homicides and other serious crimes. These
innocent people endure the trauma of medical expenses and loss of
earnings. In homicide cases, families suffer emotional grief, loss
of financial support and funeral costs.
The State of Oregon has recognized the needs of victims and their families. In 1977, the Oregon Crime Victims' Compensation Program was enacted. This law provides a way to ease the financial losses of the victim and the victim's family as a result of these violent crimes.
If you have been a victim of crime in Oregon, Crime Victims' Compensation Program (CVCP) may be able to help you.
"Victim" means a person who is injured or killed as a result of a compensable crime committed against the victim in the State of Oregon.
"Compensable Crime" means an intentional, knowing or reckless act by a person resulting in physical and/or emotional injury and/or death of another person would be punishable as a crime.
Compensation May Include:
- Up to $20,000 for reasonable medical and/or counseling expenses from a licensed professional.
- Loss of earnings/support up to $400 per week to a maximum of $20,000.
- Funeral expenses up to a maximum of $3,500.
- Rehabilitation up to a maximum of $4,000.
- Reimbursement of mileage for medical/mental health treatment over 60 miles round trip when services are not available with another provider in the area. Not available for crimes committed prior to 10/4/97.
NOTE: Compensation expires three years after the date of the acceptance order and no further payments will be made.
To Be Eligible For Compensation You Must:
- Be a victim of a crime that occurred in Oregon or be an Oregon resident victimized in a state without a victim compensation program.
- Report the crime to the police or sheriff within 72 hours.*
- Cooperate fully to apprehend and prosecute the assailant.
- Not have been involved in a wrongful act and/or did not provoke the assailant.
- Apply for compensation within 6 months of the crime.*
*Reporting the crime within 72 hours and applying for compensation within six months of the crime may be waived with good cause.
Compensation Losses/Expenses May Include:
- Mental health counseling expenses.
- Reasonable medical and hospital expenses.
- Eyeglasses, hearing aids, dentures and other medically necessary device expenses.
- Funeral expenses.
- Loss of support to dependents of homicide victims.
- Victim's loss of earnings.
- Grief counseling expenses for relatives of homicide victims.
- Rehabilitation expenses.
- Counseling expenses for children who witness domestic violence.
- Mileage expenses.
Compensable Losses Do Not Include:
- Pain and suffering or property damage or loss.
- Nervous or mental shock due to property damage or loss.
Victims Are Not Eligible If:
- The injury or death resulted from the victim's own wrongdoing, provocative or contributory behavior.
- The crime occurred before 10/4/97 and the total loss/expense is less than $100.
- The injury or death resulted from an accident.
- The crime occurred prior to 9/27/87 and the victim and assailant were related or sharing the same household.
- The crime happened before Oregon CVCP was established in January of 1978.
Process Of Applications Will Be Deferred If:
- The victim is incarcerated.
- The victim owes money as a result of a criminal conviction.
How Applications
Are Determined
After receiving
the application, the Crime Victim’s Compensation Program will
process your request for compensation. This requires obtaining police
reports, medical reports, employment verification (when applicable)
and any other information necessary for the investigation.
Benefits available, such as sick leave, medical, disability or life insurance, social security or restitution are primary to compensation awarded. Any monies recovered for the injury after compensation has been paid must be repaid to the Department of Justice.
The Crime Victim's Compensation Program will notify you in writing of the decision determining your request for compensation.
How to Submit
An Application
Applications may
be obtained from and filed with:
Crime Victim’s
Compensation Program
Department of Justice
1162 Court St NE
Salem, OR 97310
Telephone (503) 378-5348
TDD (503) 378-5938
FAX (503) 378-5738
Or applications can be obtained from your local District Attorney's Victim Assistance Program.
This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.
