Crime Victims Compensation

NEBRASKA'S CRIME VICTIMS REPARATIONS FUND

The State of Nebraska Crime Victims' Reparations Act reimburses victims for some losses which are incurred as a result of a crime if these losses are not covered by insurance. Funeral expenses, medical bills, lost wages, and other expenses related to the crime are covered under this Act. You may get application forms and further information by calling the Victim/Witness Unit.

What is the Crime Victims Reparations Fund?

The State of Nebraska has a program to assist innocent victims of crime who suffer bodily harm and have incurred a financial loss as a direct result of a criminal act.

Who is eligible?

• An innocent victim who suffers bodily injury from a crime
• A dependent or legal representative of an innocent victim who has been killed as a result of a crime
• A parent or guardian who is responsible for medical expenses of a minor
• A person who is injured while aiding a crime victim or assisting a police officer

Who is not eligible?

• Anyone injured in a motor vehicle accident, unless the injury was intentionally inflicted by the operator of the motor vehicle or the offender was charged with Driving Under the Influence (DUI)
• Anyone whose conduct contributed to his or her injuries
• Anyone who aided and abetted the offender in the commission of an unlawful act
• Anyone who is injured or killed while violating a law
• Anyone whose economic loss does not exceed ten (10) percent of his or her net financial resources

What may be paid?

• Medical expenses (hospital, doctor, dental, prescriptions, etc.) incurred as a direct result of the crime
• Loss of wages while under a doctor's care as a direct result of the crime
• Funeral expenses as a direct result of the crime
• Loss of earning power as a direct result of the crime
• Counseling expenses as a direct result of the crime (maximum of $2,000)
• Maximum award is $10,000 per incident

What is not covered?

• Loss of property
• Payment for pain and suffering
• Expenses not directly related to the crime
• Expenses paid by a private or group insurance plan, public funds, the offender, or other sources

What must I do to be eligible?

• You must report the crime to a law enforcement agency within three (3) days of the incident
• You must file a claim within two (2) years of the date of the crime
• You must cooperate with criminal justice officials in the investigation of the crime and the prosecution of the offender

What must I do to apply for compensation?

• Submit a completed compensation form
• Submit a Financial Resources Form
• Submit itemized copies of all medical bills relating to the incident
• If requesting loss of wages, submit:
  - copies of three payroll deduction slips covering the period just prior to the incident
  - a statement from your employer verifying hours of work missed and hourly wages
  - a copy of the doctor's release stating the dates you were under his or her care
  · Submit any other information requested

How will my claim be considered?

• After all of the required information is received and an investigation is completed, your claim will be presented to a Hearing Officer for a decision.
• A copy of the Hearing Officer's decision will be sent to you.
• If you are dissatisfied with the decision, you may appeal the decision by writing to request a hearing. The written request must be made within thirty (30) days.

Do I need an attorney to file a claim?

No, you do not need an attorney to file a claim. If you do choose to hire an attorney, the Hearing Officer or Crime Victims' Reparations Committee may allow reasonable attorney fees not to exceed five (5) percent of any compensation awards.

How and where do I file a claim?

Application forms are available by writing or calling:

Nebraska Crime Commission (402) 471-2828
301 Centennial Mall South TDD 800-833-7352
PO Box 94946
Lincoln NE 68509-4946

Other Assistance Available for Crime Victims

Victims of crime may also receive assistance (e.g., emergency shelter, crisis intervention, emotional support, criminal justice information) by contacting a Victim/Witness or Domestic Violence/Sexual Assault Center in your area. Check your telephone book or contact your local law enforcement agency for more information.

Nebraska Crime Commission