Crime Victim Compensation

Please read all of the following information before filing a claim for compensation. Failure to carefully read this could result in delays in deciding your claim, or the denial of benefits.

The Crime Victims Compensation Act provides financial assistance to help innocent crime victims with crime-related medical expenses. Created in 1978, the Montana Crime Victim Compensation Program can help with lost wages and medical and funeral expenses incurred as the result of personal injury crimes. These crimes include homicide, rape, domestic violence, stalking, assault, child sexual and physical abuse, and drunk driving.

Eligibility Requirements

To qualify for compensation benefits, applicants must meet the following eligibility requirements.

• The crime must be reported to a law enforcement agency within 72 hours or you must show good cause for the delay in reporting.
• Claims must be filed with the Crime Victim Compensation Program within one year of the crime or you must show good cause why it wasn't filed.
• Claimants must fully cooperate with all law enforcement agencies and prosecuting attorneys in the apprehension and prosecution of the offender.
• An offender or an accomplice of the offender cannot file a claim.
• A claimant cannot be awarded benefits if the award would unjustly benefit the offender or accomplice.
• People in prison or residing in any other public institution may not be awarded benefits.
• Benefits may be reduced or denied completely if a victim contributed to his or her own death or injury.

Who May File a Claim

The Crime Victim Compensation Program of Montana pays benefits to innocent victims who are injured or killed as a direct result of a crime. A claim can only be filed by:

• the victim – a person who has suffered direct physical or emotional harm or death as a result of a crime is referred to as the primary victim
• a person legally authorized to act on behalf of the victim (parent or guardian)
• the spouse or dependents of a deceased victim or the parent or guardian of a child victim of sexual abuse – referred to as a secondary victim

Resident status – Benefits may be awarded to:

• non-residents injured in Montana
• Montana residents injured in a state in which the victim compensation program does not compensate non-residents

How to File a Claim

Claim Forms – to request a claim form or if you have questions, contact:

Crime Victim Compensation Program
Office of Victim Services
Department of Justice
2225 11th Avenue
P.O. Box 201410
Helena, MT 59620-1410

Phone: (406) 444-3653 (in Helena) or (800) 498-6455 (outside of Helena)
E-mail: dojovs@mt.gov

Claim forms also may be obtained from law enforcement, city or county attorneys, hospitals and victim advocate programs. Victims must complete, sign and mail their claim form to the Crime Victim Compensation Program as soon as possible after the crime occurred.

Claims Processing – It may be two to three months for the Crime Victim Compensation Program to make a decision on the eligibility of your claim. When it receives a claim, program staff must contact law enforcement and other agencies to ensure that the claim meets the legal eligibility requirements.

Crime Victim Compensation Benefits

Benefits may be awarded whether or not the offender was apprehended or prosecuted.

Maximum Benefits – The Crime Victim Compensation Program can pay up to $25,000 in benefits. The benefits are paid directly to the provider or, if the victim has already paid the expenses, to the victim.

Medical Costs– Payments are made for reasonable physician and hospital services, medicine, ambulance and other approved treatment.

Mental Health – Mental health counseling benefits are available for primary victims and may be available for secondary victims including:

• certain family members such as the parent, spouse, child, brother or sister of a victim who is killed as a direct result of a crime
• the parents or siblings of a minor who is the victim of a sexual crime
• a step-parent of a minor who is the victim of a sexual crime if the victim resides in the same house as the step-parent

The benefit limit for mental health counseling is $2,000 or one year, whichever occurs first. If additional counseling is needed, primary victims may request an extension. Extensions are not available for secondary victims.

A mental health therapist can be a medical doctor, clinical psychologist, licensed social worker or licensed professional counselor. When choosing a mental health therapist, it is a good idea to check that your counselor is licensed by the State of Montana or the state in which you reside.

Chiropractic Services – Benefits for chiropractic services can be paid for up to 30 visits.

Wage Loss – If you lose more than 40 hours of work due to crime-related physical injury, benefits can be paid for a portion of your lost wages. The program reimburses lost wages if you were employed at the time the crime occurred.

Wage loss is paid from the date you were first unable to work and continues until you return to work or are released by your physician. You must provide the Crime Victim Compensation Program with a letter from your primary care physician stating the length of time you will miss work. Wage loss claims are paid every two weeks. Wage loss can only be paid if the victim is physically unable to work.

Death Benefits – The surviving spouse or dependent may apply for the deceased victim's death benefits, medical costs and funeral expenses. Reasonable burial expenses are allowed up to $3,500.

Penalty for fraudulently obtaining benefits – Any person who knowingly makes a false claim or a false statement, or who uses any other fraudulent device in connection with any claim, is guilty of theft and, if convicted, in addition to other penalties, will forfeit and repay any compensation paid under 53-9-111 of the Montana Code Annotated.

Claimant Responsibilities

Civil Suits – Filing a civil suit against an offender does not affect a victim's eligibility for compensation benefits. If you contact a private attorney about filing a civil suit:

• before you file a claim for compensation benefits, complete Section I on the claim form
• after you have submitted a claim, notify the Crime Victim Compensation Program and provide the name and address of your attorney

Required Notification – You must notify the Crime Victim Compensation Program as soon as possible if you:

• wish to change your physician or mental health provider. Send a written request for pre-authorization and give the reason for the change in provider.
• change your address or phone number
• receive restitution from the offender or money from a civil suit. This will not affect your eligibility for benefits.
• file a civil suit after you have submitted a claim

Proof of Payment on Medical Bills – In addition to the claim form, send copies of all crime-related medical bills to Crime Victim Compensation as soon as possible:

• If you have insurance, submit all crime-related medical bills to your insurance carrier before submitting the bills to Crime Victim Compensation.
• Mail copies of your medical bills and the Explanation of Benefits sheets from the insurance company to the Crime Victim Compensation Program when you receive them. The program may pay the outstanding balance.
• If you do not have insurance, are not eligible for any other benefits and have made personal payments on your medical bills, send copies of the cancelled checks or other proof of payment to the Crime Victim Compensation Program.

Other Benefit Sources

Victims must first submit medical expenses to any other program for which they are eligible. These other benefits, called collateral benefits, include but are not limited to:

• Health insurance
• Medicaid
• Indian Health Services
• Medicare
• Motor vehicle insurance
• Life insurance
• Veterans benefits
• Proceeds from a civil suit
• Workers' Compensation
• Offender restitution
• Social Security
• Employer wage continuation benefits
• Sick leave from employment
• Wage loss insurance
• Disability insurance

Once the Crime Victim Compensation Program knows what collateral benefits a victim has received, it can consider paying any unpaid charges directly to the medical providers. If the victim has paid any out-of-pocket expenses, the program can reimburse the victim.

Medicaid – If you are Medicaid approved, you are required to use a Medicaid provider. The Medicaid Program will pay your medical and/or mental health expenses. If a medical provider accepts Medicaid patients, the medical provider must accept Medicaid payment as payment in full. The medical provider cannot require you to pay the difference between the full charges and the Medicaid payment.

If you are covered by Medicaid, have applied for Medicaid, or intend to apply for Medicaid, please advise Crime Victim Compensation on the claim form.

Offender Restitution

If you have incurred losses as a result of a crime, you may also be entitled to restitution from the offender. Restitution is court-ordered financial reimbursement paid by an offender to either the crime victim or the Crime Victim Compensation Program. Appropriate losses include medical expenses, property damage, wage loss or other expenses that resulted from the crime. To get restitution:

• Advise law enforcement that you have sustained losses as a result of the crime.
• Contact the city or county attorney handling your case and tell him or her the total amount of your loss. Provide documentation of all medical and property loss resulting from the crime. The prosecutor can then ask the judge to order the offender to pay restitution.
• If you have applied for Crime Victim Compensation benefits, advise your local victim-witness advocate, the city or county attorney handling the case, or the Justice of the Peace that the program may pay your medical expenses. If you have been awarded compensation benefits, advise them of the amount the program has paid so offender restitution can be used to repay the program.

Under Administrative Rule of Montana 23.15.307(3), if a victim receives restitution for expenses that have already been paid by the Crime Victim Compensation Program, he or she must pay back the restitution to the program.

Questions about restitution payments from an offender should be directed to the Department of Corrections:

Collection Accounting Technicians
Department of Corrections
1539 11th Avenue
P.O. Box 201350
Helena, MT 59620-1350

Phone toll free: (800) 801-3478

Note: Questions about crime victim compensation should be directed to the Crime Victim Compensation Program.