The following is general legal information, provided as a public service by Oregon’s lawyers and Oregon’s Victims’ Compensation Program. The information is not intended to be legal advice regarding your particular problem. Note that changes may occur in this area of the law.
Every year, hundreds of people are injured or killed 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 Victim’s 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 violent crimes.
If you have been a victim of crime in Oregon, the Crime Victim’s 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 which would be punishable as a crime.
- Up to $20,000 for reasonable medical and/or counseling expenses from a licensed professional.
- Up to $20,000 for reasonable grief counseling expenses from a licensed provider for survivors of a deceased victim.
- Documented loss of earnings/support up to $400 per week to a maximum of $20,000.
- Funeral expenses up to a maximum of $5,000.
- Up to $5,000 for reasonable counseling expenses for abuse of corpse.
- Rehabilitation up to a maximum of $4,000.
- Up to $10,000 for reasonable counseling expenses from a licensed professional for children who witness domestic violence.
- Up to $1,000 for reasonable counseling expenses for family members of an Oregon resident who is a victim of international terrorism.
- Up to $500 for reasonable counseling expenses for friends or acquaintances of a deceased victim who are the first to discover the deceased victim’s body.
NOTE: Compensation expires three years after the date of the acceptance order and no further payments will be made on adult claims. Claims for child victims remain open until their 21st birthday, or three years from the date of the acceptance order (whichever is longer).
Who is eligible for compensation?
To be eligible to be compensated under the program, one must:
- Be a victim of a compensable crime that occurred in Oregon.
- Report the crime to the appropriate law enforcement officials 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 six (6) months of the crime.*
*This requirement may be waived with good cause.
Covered compensation losses or expenses
- Reasonable mental health counseling expenses.
- Reasonable medical and hospital expenses.
- Eyeglasses, hearing aids, dentures and other medically necessary devices and expenses.
- Funeral expenses.
- Documented loss of support to dependents of homicide victims.
- Victim’s documented loss of earnings.
- Grief counseling expenses for relatives of homicide victims.
- Rehabilitation expenses.
- Counseling expenses for children who witness domestic violence.
What is excluded from coverage?
Compensation 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 wrong-doing, provocation or contributory behavior.
- The crime occurred prior to Oct. 4, 1997, and compensable expenses resulting from the crime do not total $100.
- The injury or death resulted from an accident.
- The crime occurred prior to Sept. 27, 1987, and the victim and assailant were related or sharing the same household.
- The crime occurred before Oregon CVCP became effective in January 1978.
How applications are determined
After receiving the application, the Crime Victims’ 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.
An individual’s benefits, such as sick leave, medical disability, Social Security, or restitution, are considered resources that must be used before Crime Victim’s compensation dollars. Any monies recovered for the injury after compensation has been paid must be repaid to the Department of Justice.
The Crime Victims’ Compensation Program will notify you in writing of the decision regarding your application for compensation. The program is usually able to notify an applicant within 90 days of the date that the application is received at the Crime Victims’ Assistance Section.
Some applications will be deferred for processing
- If the victim is incarcerated at the time of the application, processing will be deferred; the victim may resubmit the application any time up to six months after his or her release date.
- If the victim owes money as a result of a criminal conviction. The victim has one year to pay off any such money judgement. After providing proof that the judgment has been satisfied, the application will then be processed.
How to submit an application
A copy of Oregon’s crime victim compensation claim application can be downloaded, or obtained by calling or writing the program at:
Crime Victims’ Compensation Program
Department of Justice
1162 Court St. NE
Salem, OR 97301-4096
Telephone (503) 378-5348
FAX (503) 378-5738
http://www.doj.state.or.us/crimev/comp.shtml
An application can also be obtained from your local district attorney’s victim assistance program. All applications should be mailed to the address above for proper processing.
Edited June 2009.