The process begins with the victim or claimant FILLING OUT A CLAIM FORM,
and ends with a decision by the Crime Victims Compensation Board or Administrator.
Once the claim is completed and mailed to the Crime Victims Compensation Board headquarters,
the staff logs the claim into the database and assigns a claim number to the application.
The claim is then forwarded to the appropriate District Attorney’s office Victim-Witness
Coordinator for further processing. Contact information and a claim number is sent
by mail to the claimant after the claim is logged in.
The DOCUMENTATION process is carried out by the Victim-Witness Coordinator
in the District Attorney’s office. A police report is requested, along with any
other forms and reports that may be needed to determine out-of-pocket expenses.
After the Victim-Witness Coordinator gathers all necessary information, the completed
claim is forwarded back to the Crime Victims Compensation Program for decision.
Claims usually take several months to complete due to all of the documentation that
is required.
The staff reviews the application to make sure the claim meets all of the ELIGIBILITY
guidelines established by law. A primary requirement is that the crime be one in
which the victim suffered physical or psychological harm or death as a result of
a violent crime. Eligible claimants are the victim, a dependent of a deceased victim,
or a person authorized to act on behalf of the victim. Applicants must also meet
the following reporting and filing REQUIREMENTS:
- The crime must have occurred in Oklahoma.
- The crime must have been reported to law enforcement within 72 hours of the incident.
The Board or administrator may find good cause for failure to report within this
period. Exceptions are always made for child victims.
- The claim for compensation must be filed within one (1) year of the crime-related
injury of the victim. The one (1) year deadline may be waived and extended to two
(2) years for good cause, and may be extended beyond two (2) years only in child
sexual assault cases. In no event can other claims be extended beyond two (2) years.
- The claimant is required to fully cooperate with the police, prosecution and other
law enforcement entities during the investigation and prosecution of the offender.
- Compensation shall not be awarded to a claimant if it would benefit the offender
or an accomplice, and the claimant must not have been the offender or accomplice.
- Compensation that could be awarded to a claimant shall be reduced or denied, depending
on the degree of responsibility for the injury or death that is attributable to
the victim.
Once all documentation is received from the Victim-Witness Coordinator in the District
Attorney’s Office, the claim is assigned to a CLAIMS EXAMINER located at
the Crime Victims Compensation Board head-quarters. The Claims Examiner reviews
the documentation of losses provided by eligible victims and claimants and determines
the compensable amount on the claim. Claims with expenses under $10,000.00 are then
decided by the Administrator of the program. Claims over $10,000.00 are decided
by the three-member Governor appointed BOARD. Claims are generally placed
on a docket for decision within thirty (30) days of receipt of all documentation
from the Victim-Witness Coordinator. If additional information is needed, the claim
may take longer than thirty (30) days to docket.
The Crime Victims Compensation Fund is the PAYER OF LAST RESORT. Expenses
that are paid or eligible to be paid from other sources such as: health insurance,
Medicaid, Workers’ Compensation, Medicare, and Indian Health Services may not be
compensated. Employer paid leave programs are also considered a collateral source
when applying for work loss; and Social Security benefits are a collateral source
when applying for loss of support.
PAYMENTS are generally made within three weeks of approval. Payments are
sent directly to service providers on outstanding balances at a rate of 80%. Medical,
dental, and counseling service providers are required by law to write off the remaining
20% if they accept payment from the Crime Victims Compensation Board. Medical, dental,
and counseling expenses that the victim is out-of-pocket will be reimbursed at 100%,
provided there is documentation of payment and no collateral sources exist.
If an application is DENIED, the victim or claimant is given a written explanation
and instructions on how to exercise their right to APPEAL. The first appeal
is to the Board. If a victim or claimant is still dissatisfied with the decision,
the second step in the process is to file a petition in District Court.