Crime Victims Compensation

Concise Professional's Guide

The appearance of this document reflects the formatting neccessary for inclusion on an Internet site; however, the content is identical to the original publication. DOVA will glady provide copies upon request.

Eligibility Checklist

Requirements to receive compensation include, but are not limited to

Residency

þ Crime happened in South Carolina; or

þ Crime happened to a South Carolina resident who was victimized in another

state or hurt by acts of terrorism while outside of the United States

Directly harmed by a crime

þ Crime must have caused physical injury or emotional trauma

þ Person was not engaged in illegal activity during the incident

Financial hardship

þ Financial hardship exists if victims have no means of paying for recovery

costs: the victim has bills not covered by insurance, government or job

benefits, case settlements, or any other payment source (excluding gifts)

þ Victim was unable to work for at least two weeks while under a doctor’s

care to qualify for lost earnings, except in emergency situations

What must victims do to get help?

þ Report the crime to law enforcement within 48 hours; it must be recorded in an initial offense Incident Report

þ Apply to DOVA (file a claim) within 180 days of the crime date

þ File for payment of medical treatment costs with their insurance carriers, benefit providers, and other financial aid programs

þ Fully cooperate with DOVA to properly process the claim

þ Fully cooperate with criminal justice agencies to further investigation and prosecution of the case

Assistance Pointers

Do Remember

þ Ask DOVA any compensation questions you have

Feel free to call us about your victim cases or the claims process.

þ DOVA’s mission is to find reasons to award claims DOVA staff is dedicated to seeing that innocent victims of violence get every possible assistance.

þ Make sure victims understand their active role in the process Applicants are responsible for providing information as needed and will be contacted about the status of their claim.

þ DOVA depends on you to help decide claim eligibility

DOVA relies on you to confirm case facts and assess situations such as "good cause" for waivers and voluntary criminal involvement.

þ Each individual case is evaluated on its own merits

As long as a victim fully cooperates in finding and prosecuting possible perpetrators, DOVA may pay eligible costs up to the maximum amount allowable by law for his claim whether or not a suspect is convicted.

þ Advise victims to promptly file claims for medical care charges with all their public and private insurance carriers and benefit providers

(Medicare, Medicaid, Workers Compensation, disability and auto-

mobile accident policies, etc.)

Please Don’t

þ Screen injured crime victims for compensation eligibility

Refer victims who have been hurt to DOVA for possible financial aid.

þ Promise payment: The Fund is not an entitlement program

DOVA may reimburse victims under specific conditions outlined by law.

þ Sign the application form as the person applying (Claimant) even if

you fill it out with the consent or at the request of the victim

You are not a legal representative of the victim. However, you are DOVA’s

referral source and a contact person for the claim.

þ Forget the importance of the service you provide

Only 12% of DOVA claims are completed by victims. When offices file insurance claims on your behalf it is a convenience. Your help to victims in applying for payment of crime related costs is crucial!

DOVA Staff Contact Information:

Telephone:

Local (803) 734-1900

Statewide Toll Free (800) 220-5370

Fax (803) 734-1708

E-mail driddle@govoepp.state.us

Mailing Address:

1205 Pendleton Street

Edgar Brown Building

Room 401

Columbia, SC 29201

Compensation at a Glance

Benefit Types	Who is eligible? (Victim)	Who may apply? (Claimant)
Medical Treatment Expenses	Adult victim	Adult victim or legal representative
	Deceased adult victim	Surviving spouse, child, or parent living in the homicide victim's household at time of death
	Child victim	Parent or legal guardian
Lost Earnings	Adult victim	Adult victim
Counseling Fees	Adult victim	Adult victim or legal representative
	Child victim	Parent or legal guardian
	Immediate family members living in the same household of a minor of a deceased or legally incompetent victim (declared incapable of managing personal business)	Each individual family member must file a separate claim
Burial Expenses	Deceased victim	Surviving spouse, parent, or legally dependent child responsible for funeral bills
Benefit Limits	If crime is BEFORE July 1, 1996	If crime is AFTER July 1, 1996
Medical Treatment Expenses	Up to a $10,000 maximum award including other benefits; $25,000 maximum may be approved if requested due to catastrophic injury for claims received after January 1, 1996	Up to a $15,000 maximum award including other benefits; $25,000 maximum may be approved if requested due to catastrophic injury (i.e. victim is in debt from severe harm)
Lost Earnings	Same as above	Same as above
Counseling Fees	Number of continual sessions within 90 days of the first session or 15 sessions at intervals, whichever is greater	Number of continual sessions within 180 days of the first session or 20 sessions at intervals, whichever is greater
Burial Expenses	Up to a $2,000 maximum	Up to a $4,000 maximum

Application Pointers

VICTIM COMPENSATION APPLICATION
VICTIM INFORMATION	Applicant Name - indicate victim's gender Mailing Address - include state and zip code
	Please indicate if victim is deaf, must, blind, mentally challenged or illiterate
CLAIMANT INFORMATION	Include the complete mailing address for the Claimant
	Claimant's Social Security #, birth date, and relationship to victim is important personal data needed to process claim
REFERRAL	Contact person - your name and title
INSURANCE INFORMATION	Mark Medicate or Medicaid coverage Note possible disability benefit sources
CRIME INFORMATION	Include detailed crime description and complete mailing address of its location

VICTIM COMPENSATION APPLICATION
TYPE OF BENEFITS	Employer's complete mailing address and phone number - include street address
INJURIES INFORMATION	Doctor's complete mailing address and phone number - include street address Specify affected areas in description
ADDITIONAL INFORMATION
CERTIFICATION	Victim or Claimant is signing that statements on the application are true upon penalty of fraud; claim fraud may be punished by a minimum fine of $500 and/or minimum one year prison term.
	__________________ Victim/Claimant Signature
	Mail original to the street address provided

Please type or print application in ink.

One victim per application: separate claims must be filed for family members victimized by the same criminal incident.

Faxed photocopies of the application must be followed by the original "hard copy" in the mail.

Social Security numbers are necessary to verify case information.

A Claimant is the legal guardian of a child or a legal representative of a deceased adult or an incompetent adult (legally declared incapable of managing personal business).

You are the referral source to DOVA.

Ask badly injured victims if they intent to apply for job or governmental disability payments.

DOVA reimburses injury costs for victims of crime while on the job after Workers Compensation has paid full benefits.

Crime information section should be filled out entirely even if the offense report is sent with the application (to prevent claim rejection for lack of crime information if the forms become separated).

Ask victim to give details of bodily injury (i.e. right leg broken, gun shot wound to stomach, hard blow to head with blunt object).

Explain that victim may have to repay DOVA if he receives payment from another source, excluding personal gifts.

Explain that victim is agreeing to release confidential information from other offices only about the crime and resulting injuries to DOVA as needed.

All claims mailed to DOVA without an original signature of the victim or his legal representative as Claimant will be returned.

You are not legally entitled to sign the claim form on behalf of a victim.