Crime Victims Fund compensation reaches you through your state’s victim compensation program, which uses federal grants to reimburse out-of-pocket costs like medical bills, mental health care, lost wages, and funeral expenses after a violent crime. The federal fund itself does not send checks to victims. Instead, every state, the District of Columbia, and U.S. territories run their own compensation program, and that is where you file.1Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation Each state program covers crimes that occurred within its borders, whether the offense was prosecuted under state or federal law.
Who Qualifies
Eligibility rules vary by state, but a few baseline requirements apply everywhere because they are conditions of federal funding. Programs must promote victim cooperation with reasonable law enforcement requests, which in practice usually means reporting the crime to police and cooperating with any investigation.1Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation
A 2021 amendment known as the VOCA Fix gave programs room to waive that cooperation requirement. A state can now grant a waiver when a victim’s age, physical condition, psychological state, cultural or linguistic barriers, or safety concerns make cooperation unrealistic.2Office for Victims of Crime. VOCA Compensation Eligibility Requirement to Promote Victim Cooperation This matters most in domestic violence and sexual assault cases, where reporting to police can put a victim in danger.
Most programs deny claims involving “contributory misconduct,” meaning the applicant’s own illegal or reckless behavior at the time of the incident played a direct role in what happened. It is not a blanket bar against anyone with a criminal history; it turns on what you were doing when you were harmed.
Eligibility reaches beyond the person directly injured. Family members and dependents of homicide victims can apply for funeral costs, counseling, and lost financial support. Many states also cover Good Samaritans hurt while trying to stop a crime or help a victim, and some include household members who witnessed violence even when they were not the target.
What Expenses Are Covered
Federal law requires every eligible state program to cover three core categories: medical expenses (including mental health care), lost wages from a physical injury, and funeral costs.1Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation Most states cover more than the federal floor:
- Medical and dental bills, including emergency care, surgery, rehabilitation, prescriptions, and ongoing treatment tied to injuries from the crime.
- Mental health counseling for trauma, anxiety, or PTSD, and grief counseling for homicide survivors.
- Lost wages when injury, hospitalization, or required court appearances keep you from working, usually subject to a weekly or per-claim cap.
- Funeral and burial costs, though state caps often fall well below what a full funeral actually costs.
- Relocation expenses when a victim needs to leave a dangerous living situation, common in domestic violence and stalking claims.
- Crime scene cleanup after a violent crime in the home.
- Safety measures such as temporary shelter, new locks, or security systems.
One detail that catches people off guard in the other direction: prosthetic devices, eyeglasses, and dental devices damaged during a crime are not treated as “property damage” under the federal statute, so their replacement can be reimbursed even though property losses generally cannot.1Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation
What Is Not Covered
Property loss and damage fall outside the program. Stolen electronics, a broken window, a car taken in a carjacking — none of those generate a compensable claim. The federal statute excludes property damage from the grant calculation, and virtually no state funds property claims with its own money.1Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation
Pain and suffering is also not available. Compensation programs reimburse documented economic losses: bills you received, wages you lost. Subjective harm belongs in a civil lawsuit against the offender, not in a compensation claim.
How Much You Can Receive
Every state except New York caps the total compensation available on a single claim. Caps range from as low as $10,000 to as high as $190,000, with the median falling in the $25,000 to $35,000 range. About 20 states raise the cap for catastrophic or permanent injuries, which requires extra documentation. New York alone places no limit on medical expense reimbursement.
The program is built to cover critical, immediate expenses. It is not designed to replace a civil judgment or full insurance payout, and in serious injury cases the cap will often fall short of the actual bills.
How Insurance and Restitution Affect Your Award
Victim compensation is a “payer of last resort.” State programs generally pay after other sources have been used, including health insurance, workers’ compensation, and other federal programs. The rule has some flexibility. States are not required to force you to apply for or use private insurance, crowdfunding, or other federal programs before paying, and they can make exceptions when insisting on another source first would cause unreasonable delay or leave a critical need unmet.3Federal Register. Victims of Crime Act (VOCA) Victim Compensation Grant Program
Court-ordered restitution overlaps too. You cannot collect both compensation and restitution for the same expense. If the program already paid a medical bill, a court can order the offender to reimburse the state program for that amount, and the offender can also be ordered to pay you directly for anything the program did not cover. Because restitution from offenders often arrives slowly or not at all, filing the compensation claim promptly is usually the safer path.
How to File a Claim
Gather Documentation First
Having paperwork in hand before you apply saves weeks. At a minimum, collect:
- The police report number and a copy of the report. This establishes that a crime occurred, when, and where.
- Itemized medical bills from every hospital, specialist, pharmacy, and therapist who treated you. The program needs line-item detail, not balance-due statements.
- Explanation of Benefits statements from any insurer that paid part of a bill, showing what was covered and what balance remains.
- Employer verification of lost wages, documenting hours or days missed, your pay rate, and total income lost.
- Itemized funeral invoices for homicide survivor claims.
What holds a claim together is the link between the police narrative and each expense. A medical bill on its own does not prove the treatment came from the crime; the examiner needs to see the connection.
Submitting the Application
Applications go through your state’s victim compensation program, usually housed within the attorney general’s office or a dedicated crime victim services agency. Most states accept online submissions and paper applications by certified mail. A victim advocate, often available free of charge through the prosecutor’s office, a local nonprofit, or a VOCA-funded community organization, can help you complete forms and assemble records.
After submission, a claims examiner reviews the file against police records and provider statements. Straightforward claims can be resolved in a few months; complex cases or those needing more documentation can take six months to a year. If your finances are urgent, ask about emergency or interim awards. Many programs can issue partial payments for critical needs while the full claim is still under review.
Filing Deadlines
Every state sets a deadline for submitting a compensation claim, separate from the deadline for reporting the crime to police. Filing windows typically run one to three years after the crime, and some states allow extensions for good cause. Missing the deadline usually ends eligibility, so check your state program’s rules early. Police reporting deadlines are shorter, often just a few days, though many programs make exceptions for sexual assault, domestic violence, and child abuse cases.
If Your Claim Is Denied
Every state program provides an appeal process, and the denial letter will include instructions for requesting a review. Common reasons for denial include missing documentation, a late police report, or a finding of contributory misconduct. Some of these can be addressed on appeal with additional evidence or a written explanation.
Appeal deadlines are strict, typically 30 to 60 days from the denial letter. Read the letter carefully and act quickly. A victim advocate can help you understand the stated reason and build the appeal. When the denial rests on incomplete documentation rather than ineligibility, resubmitting with the missing records is often enough.
Taxes on Compensation Awards
Crime victim compensation payments are not taxable income. The IRS treats them similarly to welfare payments, and you do not report them on your federal return. One wrinkle: if you previously deducted a medical expense on your taxes and later receive a compensation award covering that same expense, you have to include the overlapping amount as income in the year you receive the award. This prevents claiming both a deduction and a reimbursement for the same bill.
Any medical expense the award covers also cannot be claimed as an itemized deduction. If a claim is pending, consider holding off on deducting those costs until the claim resolves.
Privacy Protections
Federal regulations require agencies receiving VOCA funds to protect the confidentiality of anyone receiving services. Programs cannot disclose your personal information, including address, contact details, or case specifics, without your written, time-limited, and specific consent. A program cannot require you to consent to information sharing as a condition of receiving help.4eCFR. 28 CFR Part 94 – Crime Victim Services
If a court order or statute compels disclosure, the agency must make reasonable efforts to notify you first and to protect your safety. Programs can share non-identifying data in aggregate for reporting, but nothing traceable to you. For victims of domestic violence and stalking, these protections keep the person who harmed you from learning your new address through the compensation process.