HOME
|
Crime Victim Compensation - Frequently Asked Questions
What Benefits Are Available?
- Maximum award up to $15,000
- Funeral expenses are limited to $5,000
- Lost wages are limited to $500 per month
- Emergency awards up to $1,000
What Types of Expenses Can Be Compensated?
- Medical, dental and hospital services
- Mental health counseling and care
- Funeral/burial expenses
- Loss of earnings
- Loss of support to dependents
- Homemaker replacement services loss
- Eyeglasses, hearing aids and other prosthetic or medically necessary
devices
- Certain other out-of-pocket expenses incurred as a result of
the crime
Who Can File A Claim?
- A victim of a crime who has suffered physical injury as a result
of:
- a criminal attack
- trying to stop a person committing a crime
- trying to help a law enforcement officer
- trying to help a victim of a crime
- Families and dependents of deceased victims
- Persons who are authorized to act on behalf of victims
Back to Top
What Are The Eligibility Requirements?
- The crime must have occurred in Wyoming on or after May 23,
1985
- The crime must be reported to law enforcement as soon as possible
- The victim or claimant must fully cooperate in the investigation
and prosecution of the crime
- The claim must be filed within one (1) year of the injury or
death.
- Federal crime victims are eligible to apply for compensation
whether or not the crime falls under tribal, state, or federal jurisdiction
- No portion of the compensation shall benefit the offender in
any way
- A victim whose own misconduct either caused or contributed to
the criminal attack could be reduced or denied compensation
Back to Top
Who Is NOT Eligible?
- The offender and/or accomplice
- A victim convicted of a felony after applying for compensation
- An individual who is a victim of a criminal attack while confined
in a prison or other correctional facility at the time of the crime
- A victim whose expenses are paid entirely by other sources
- Victims of monetary or property loss
- Victims seeking compensation only for pain and suffering
Back to Top
What If There Is Insurance Or Another Source to Cover Part of the
Losses?
Insurance benefits must be used first. If insurance does not pay the
entire amount, then you would be eligible to be compensated for what
insurance does not cover. Compensation is a secondary source which pays
for losses that are not paid by other sources such as:
- Health insurance
- Sick or vacation leave paid by an employer
- Disability insurance
- Indian Health Service
- Worker's Compensation
- Social Security
Back to Top
Does There Have To Be An Arrest Or
Conviction Before Compensation Will Be Paid
Back to Top
What If Restitution Is Recovered From The
Offender?
-
In the event that the court orders the offender
to make restitution, that portion of the restitution covering expenses
paid by the compensation program must be reimbursed back to the
compensation fund. If you recover money through
a civil suit against the offender, you will be required to pay the
compensation program for expenses that program paid on your behalf.
Back to Top
How Is The Claim Processed?
- Upon receipt of the application, an investigation is conducted
to verify all the information. Law enforcement, witnesses, service
providers, employers, etc. are contacted to substantiate the compensation
application. It usually requires a minimum of 90 days to process
an application.
- The division staff reviews the claim and decides if it qualifies
for compensation and determines the amount(s) and category(s) the
victim may be eligible for. The claims specialist submits the completed
claim to the division director for a decision.
- The division will notify you of the amount of the award. If
the claim is denied or payment reduced, the reason will be provided
in writing.
- If the claim is reduced or denied, the victim has the right
to request an appeal within 30 days upon receipt of the decision.
- Emergency compensation (to cover basic, survival needs) can
be awarded within a short period of time. It usually takes 10 working
days to process an emergency request. No appeals are granted on
emergency claims.
Back to Top
How Do I Apply?
You must file an application. You may follow the links listed at
the bottom of this page to view the application instructions and to
fill out an application form. When you have completed the form, print
it out and send it to the address listed below. You may also obtain
an application by calling the Division of Victim Services at (307) 777-7200.
You may call collect. Applications are also available in your community
at the following locations:
- law enforcement agencies
- domestic violence/ sexual assault agencies
- prosecuting attorney's offices
- victim assistance agencies
For More Information:
Mailing Address:
122 W. 25th Street
Herschler Building, 1st Floor West
Barrett Building, 4th Floor
Cheyenne, WY 82002
Phone: (307) 777-7200
VICTIMS HELPLINE
Toll Free: (888) 996-8816
e-mail: victimservices@state.wy.us
|