Law garden / Washington
If you're Jane Doe in Washington
What Washington's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Crime Victims Compensation Program, run by Washington State Department of Labor & Industries.
Show the law for this line: Apply for Crime Victim Benefits (L&I page)
Apply for Crime Victim Benefits (L&I page)WA-S14
The program's own page, saved by Tend.
- $190,000the most you can ask for in totalL&I Who Can File and What is Covered, How much we may pay
- Police reportthe program asks for oneRCW 7.68.060(1)(b)
- $0what a forensic exam should cost youRCW 7.68.170
What the program can pay for
The most the program can pay for all costs together is $190,000.
Show the law for this line: L&I Who Can File and What is Covered, How much we may pay
L&I Who Can File and What is Covered, How much we may payWA-TOTAL-1
The program lists the maximum per claim as $190,000 (non-medical benefits plus medical and mental health treatment).
Maximum per claim: $190,000
Medical care
- Medical benefits are capped at $150,000 per injury or death.
Show the law for this line: L&I Who Can File and What is Covered, What are the benefits?and 2 more
L&I Who Can File and What is Covered, What are the benefits?WA-COV-MEDICAL
The program may pay for medical and dental treatment, medication, mental health treatment, partial wage loss replacement, and costs other insurance does not cover such as co-pays and deductibles.
What we may pay for Medical/Dental treatment Medication Mental health treatment Grief counseling Partial wage loss replacement Funeral expenses Expenses not covered by other insurance (such as medical co-pays and medical deductibles)
L&I Who Can File and What is Covered, Will I be reimbursed for damaged personal property?WA-COV-GLASSES
Under the damaged personal property question, the program lists eyeglasses or contacts, prosthetics (including orthotics), hearing aids, and clothing or footwear as items that may be reimbursed.
Eligible items may include: Eye glasses/contacts. Prosthetics, including orthotics, or hearing aids Clothing/footwear.
RCW 7.68.085WA-CAP-MEDICAL
The director of labor and industries shall institute a cap on medical benefits of one hundred fifty thousand dollars per injury or death.
Counseling
- The program groups medical and mental health treatment under one $150,000 maximum.
Show the law for this line: RCW 7.68.080(5)and 2 more
RCW 7.68.080(5)WA-COV-COUNSELING
Sexual assault victims can receive counseling, with fees set by the department, and counseling may include immediate family members other than the perpetrator.
Victims of sexual assault are eligible to receive appropriate counseling. Fees for such counseling shall be determined by the department. Counseling services may include, if determined appropriate by the department, counseling of members of the victim's immediate family, other than the perpetrator of the assault.
WAC 296-30-080(3)WA-COV-COUNSELING-2
Counseling for immediate family members is covered under the victim's sexual assault claim.
Counseling for immediate family members will be covered under the victim's sexual assault claim.
L&I Who Can File and What is Covered, How much we may payWA-CAP-COUNSELING
Medical/Mental Health treatment: $150,000 maximum
Prescriptions
Show the law for this line: F800-100-000, Post-exposure prophylaxis (PEP) drugs for HIV
F800-100-000, Post-exposure prophylaxis (PEP) drugs for HIVWA-COV-PEP
The program covers up to a 28-day supply of HIV post-exposure prophylaxis (PEP) drugs dispensed directly from a Washington hospital emergency department.
Crime Victims Compensation Programs will cover up to a 28-day supply of post-exposure prophylaxis (PEP) drugs for HIV when dispensed directly from a Washington State hospital emergency department for proper and necessary treatment of a crime victim.
Travel
Show the law for this line: RCW 7.68.080(1)and 2 more
RCW 7.68.080(1)WA-COV-TRANSPORT
When an injury is serious enough that the victim must be taken for treatment, reasonable transportation to and from the nearest proper treatment is reimbursed as part of the claim.
When the injury to any victim is so serious as to require the victim being taken from the place of injury to a place of treatment, reasonable transportation costs to and from the nearest place of proper treatment to a reasonable location of the victim's choice shall be reimbursed by the department as part of the victim's total claim under RCW 7.68.070 (1).
L&I Who Can File and What is Covered, Travel ReimbursementWA-COV-TRANSPORT-2
Travel to treatment can be reimbursed only if it is more than 15 miles one way from home, and the first and last 15 miles are not paid. Travel must be preapproved by the claim manager.
The travel must be more than 15 miles one way from your home, and the first and last 15 miles of travel are not payable.
L&I Who Can File and What is Covered, How to get reimbursedWA-COV-TRANSPORT-3
A travel reimbursement request must be made within 1 year of the trip.
Your request must be made within 1 year of the trip and must indicate the date, destination and reason for travel.
Lost pay
- Lost wage support for a temporary total disability may not exceed $15,000.
Show the law for this line: RCW 7.68.070(5)and 2 more
RCW 7.68.070(5)WA-COV-WAGES-2
Monthly wage loss payments are 60 percent of the victim's monthly wage, up to 100 percent of the state's average monthly wage.
sixty percent of the victim's monthly wage but no more than one hundred percent of the state's average monthly wage as defined in RCW 7.68.020
RCW 7.68.070(2)WA-COV-WAGES
A victim who was not working at the time of the crime gets no lost wage support unless they worked at least 12 weeks in the 6 months before the crime.
If the victim was not gainfully employed at the time of the criminal act, no financial support for lost wages will be paid to the victim or any beneficiaries, unless the victim was gainfully employed for a total of at least twelve weeks in the six months preceding the date of the criminal act.
RCW 7.68.070(1)(a)WA-CAP-WAGES
Benefits payable for temporary total disability that results in financial support for lost wages shall not exceed fifteen thousand dollars.
Clothing and bedding
Show the law for this line: RCW 7.68.074
RCW 7.68.074WA-COV-CLOTHING
Eligible victims may also claim the loss of or damage to their clothing or footwear during emergency medical treatment.
Victims otherwise eligible for compensation under this chapter may also claim compensation for loss of or damage to the victim's personal clothing or footwear incurred in the course of emergency medical treatment for injuries.
What it does not pay for
If the employer keeps paying the victim's wages, no lost wage support is paid.
Show the law for this line: RCW 7.68.070(4)
RCW 7.68.070(4)WA-EXC-WAGES
If a victim's employer continues to pay the victim's wages that he or she was earning at the time of the crime, the victim shall not receive any financial support for lost wages.
The program does not pay for identity theft or loss or damage of personal property. Eyeglasses or contacts, prosthetics, hearing aids, and clothing or footwear are the listed exceptions.
Show the law for this line: L&I Who Can File and What is Covered, How much we may pay
L&I Who Can File and What is Covered, How much we may payWA-EXC-PROPERTY
We don't pay for the following Crime scene cleanup Identity theft Loss or damage of personal property
The program does not pay for crime scene cleanup.
Show the law for this line: L&I Who Can File and What is Covered, How much we may pay
L&I Who Can File and What is Covered, How much we may payWA-EXC-CLEANUP
We don't pay for the following Crime scene cleanup Identity theft Loss or damage of personal property
Compensation does not pay for services covered by Medicaid.
Show the law for this line: RCW 7.68.070(12)
RCW 7.68.070(12)WA-EXC-MEDICAID
Crime victims' compensation is not available to pay for services covered under chapter 74.09 RCW or Title XIX of the federal social security act.
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: RCW 7.68.170and 2 more
RCW 7.68.170WA-EXAM-1
A Washington hospital or emergency medical facility may not bill or charge the survivor, directly or indirectly, for an evidence-gathering sexual assault exam, whether the assault happened in or outside Washington. The state pays.
No costs incurred by a hospital or other emergency medical facility in Washington for the examination of the victim of a sexual assault, whether such assault occurred in or outside the state of Washington, when such examination is performed for the purposes of gathering evidence for possible prosecution, shall be billed or charged directly or indirectly to the victim of such assault.
L&I Sexual Assault Victims page, Information for medical providersWA-EXAM-4
To get the exam, a patient does not have to pay, use their own insurance, report to police, or file a compensation application.
In order to receive an examination, patients are not required to: Pay for the examination Use their own insurance Report to police File a crime victim's application.
L&I Sexual Assault Victims page, Information for victimsWA-EXAM-5
The program tells survivors they should not get any bill for the exam and to contact the program if one arrives.
You should not receive any bill for this examination. If you receive a bill contact us.
The exam costs are paid by the state under the crime victims compensation law.
Show the law for this line: RCW 7.68.170
RCW 7.68.170WA-EXAM-2
Such costs shall be paid by the state pursuant to this chapter.
Exam costs must be billed to the Crime Victims Compensation Program, which is the primary payer. The survivor does not have to file an application to get this benefit and may not be billed.
Show the law for this line: WAC 296-30-170
WAC 296-30-170WA-EXAM-3
the costs of the examination must be billed to the crime victims compensation program. We are the primary payer of this benefit. The client is not required to file an application with us to receive this benefit and may not be billed for these costs.
If the exam includes treatment or the survivor needs follow-up care, a compensation application must be filed for those services to be considered.
Show the law for this line: WAC 296-30-170
WAC 296-30-170WA-EXAM-6
If the examination includes treatment costs or the client will require follow-up treatment, an application for benefits must be filed with us for these services to be considered for payment.
If the survivor was confined in a jail, prison, or a DSHS or Department of Corrections institution at the time of the assault, the program does not pay for the exam and providers bill the institution.
Show the law for this line: F800-100-000, page 1 (general information)
F800-100-000, page 1 (general information)WA-EXAM-7
At the time of assault, if the victim was confined in any county or city jail, federal jail or prison or in any other federal institution, or any state correctional institution maintained and operated by the Department of Social and Health Services or the Department of Corrections or was confined or living in any other institution maintained and operated by the Department of Social and Health Services or the Department of Corrections Crime Victims Compensation Program is not responsible for payment.
Police report
The program asks that the crime be reported to police.
Show the law for this line: RCW 7.68.060(1)(b)and 2 more
RCW 7.68.060(1)(b)WA-REPORT-1
For a compensation claim, the crime must be reported to police or the sheriff within 12 months, or within 12 months of when it reasonably could have been reported. The exam itself does not require a report.
The criminal act is not reported by the victim or someone on his or her behalf to a local police department or sheriff's office within twelve months of its occurrence or, if it could not reasonably have been reported within that period, within twelve months of the time when a report could reasonably have been made.
WAC 296-30-060WA-REPORT-2
The report can go to local, state, federal, tribal, or military police, or to Child Protective Services when CPS has reported to local police.
The crime can be reported to any of the following: (1) Local law enforcement (city, county or state police agencies); (2) Federal police; (3) Indian tribal police; (4) Military police; or (5) Child protective services (CPS) when they have reported to local police.
RCW 7.68.060(3)WA-REPORT-3
A claimant who refuses reasonable cooperation with law enforcement is not eligible, unless the director finds cooperation may be affected by age, physical condition, psychological state, cultural or language barriers, or another health or safety concern.
has refused to give reasonable cooperation to state or local law enforcement agencies in their efforts to apprehend and convict the perpetrator of the criminal act which gave rise to the claim unless the director determines such cooperation may be impacted due to a victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being.
For a compensation claim, the crime must be reported to police or the sheriff within 12 months, or within 12 months of when it reasonably could have been reported. The exam itself does not require a report.
Show the law for this line: RCW 7.68.060(1)(b)
RCW 7.68.060(1)(b)WA-REPORT-1
The criminal act is not reported by the victim or someone on his or her behalf to a local police department or sheriff's office within twelve months of its occurrence or, if it could not reasonably have been reported within that period, within twelve months of the time when a report could reasonably have been made.
The report can go to local, state, federal, tribal, or military police, or to Child Protective Services when CPS has reported to local police.
Show the law for this line: WAC 296-30-060
WAC 296-30-060WA-REPORT-2
The crime can be reported to any of the following: (1) Local law enforcement (city, county or state police agencies); (2) Federal police; (3) Indian tribal police; (4) Military police; or (5) Child protective services (CPS) when they have reported to local police.
A claimant who refuses reasonable cooperation with law enforcement is not eligible, unless the director finds cooperation may be affected by age, physical condition, psychological state, cultural or language barriers, or another health or safety concern.
Show the law for this line: RCW 7.68.060(3)
RCW 7.68.060(3)WA-REPORT-3
has refused to give reasonable cooperation to state or local law enforcement agencies in their efforts to apprehend and convict the perpetrator of the criminal act which gave rise to the claim unless the director determines such cooperation may be impacted due to a victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being.
Deadline to apply
The application must be received within 3 years after the crime was reported to police or the sheriff, unless the director finds good cause to allow more time.
Show the law for this line: RCW 7.68.060(1)(a)
RCW 7.68.060(1)(a)WA-DEADLINE-1
An application for benefits is not received by the department within three years after the date the criminal act was reported to a local police department or sheriff's office or the date the rights of beneficiaries accrued, unless the director has determined that "good cause" exists to expand the time permitted to receive the application.
Good cause can extend the application window to up to 5 years after the police report.
Show the law for this line: RCW 7.68.060(1)(a)
RCW 7.68.060(1)(a)WA-DEADLINE-2
may extend the period of time in which an application can be received for up to five years after the date the criminal act was reported to a local police department or sheriff's office or the date the rights of beneficiaries accrued
For adults who were victims of crimes as children, rights accrue when the victim discovers or reasonably should have discovered the elements of the crime.
Show the law for this line: RCW 7.68.060(5)
RCW 7.68.060(5)WA-DEADLINE-3
the rights of adult victims of childhood criminal acts shall accrue at the time the victim discovers or reasonably should have discovered the elements of the crime.
The program says a person who was a minor at the time of the crime must apply within 2 years of their 18th birthday.
Show the law for this line: L&I Who Can File and What is Covered, Do I qualify?
L&I Who Can File and What is Covered, Do I qualify?WA-DEADLINE-4
For minors, at the time of the crime, the application must be filed within two years of their 18th birthday.
A minor identified as a victim of sex trafficking or commercial sexual abuse of a minor may apply at any time, and the application deadline, police report rule, and consent and felony bars do not apply to them.
Show the law for this line: RCW 7.68.060(6)(b)
RCW 7.68.060(6)(b)WA-DEADLINE-5
A person identified under this subsection (6)(b) may file an application for benefits at any time, and the ineligibility factors of subsections (1) and (2) of this section do not apply to such a person.
Keeping your name and address private
The Secretary of State's Address Confidentiality Program gives survivors of domestic violence, sexual assault, stalking, or trafficking a substitute mailing address that Washington state, county, and city agencies accept instead of a residential address.
Show the law for this line: WA Secretary of State ACP page, opening paragraph; enrollment through an Application Assistant per the How to Apply section and the Application Process page (WA-S25); statutory basis chapter 40.24 RCW (RCW 40.24.030, WA-S23)
WA Secretary of State ACP page, opening paragraph; enrollment through an Application Assistant per the How to Apply section and the Application Process page (WA-S25); statutory basis chapter 40.24 RCW (RCW 40.24.030, WA-S23)WA-ACP-1
The Washington Address Confidentiality Program (ACP) offers survivors of domestic violence, sexual assault, stalking, or trafficking, and Criminal Justice Affiliates, Election Officials, and Protected Health Care Workers who are a target for threats or harassment, a substitute address to receive first class mail.
Information in crime victim claim files and records is confidential and not open to public inspection; it can be shared with public employees doing official duties, or with a claimant's representative who has the claimant's signed authorization.
Show the law for this line: RCW 7.68.140
RCW 7.68.140WA-RECCONF-1
Information contained in the claim files and records of victims, under the provisions of this chapter, shall be deemed confidential and shall not be open to public inspection
How to apply
Email CrimeVictimsProgramM@Lni.wa.gov
Show the law for this line: L&I Apply for Crime Victim Benefits page, filing instructions
L&I Apply for Crime Victim Benefits page, filing instructionsWA-SUBMIT-1
The completed PDF application can be emailed as an attachment to CrimeVictimsProgramM@Lni.wa.gov.
Upon completion, the PDF form can be emailed as an attachment to CrimeVictimsProgramM@Lni.wa.gov or faxed to 360-902-5333.
Mail Crime Victims Compensation Program PO Box 44520 Olympia WA 98504-4520
Show the law for this line: F800-042-000, page 1 header
F800-042-000, page 1 headerWA-SUBMIT-3
A printed application can be mailed to the Crime Victims Compensation Program, PO Box 44520, Olympia WA 98504-4520 (the address printed on the form; the L&I page says printed applications can be sent by mail or fax).
Crime Victims Compensation Program PO Box 44520 Olympia WA 98504-4520
Fax 360-902-5333
Show the law for this line: L&I Apply for Crime Victim Benefits page, Application for Benefits (F800-042-000)
L&I Apply for Crime Victim Benefits page, Application for Benefits (F800-042-000)WA-SUBMIT-2
The completed application can be faxed to 360-902-5333.
This form may be directly faxed to 360-902-5333 or emailed to CrimeVictimsProgramM@Lni.wa.gov .
Phone 800-762-3716
Show the law for this line: Apply for Crime Victim Benefits (L&I page)
Apply for Crime Victim Benefits (L&I page)WA-S14
The program's own page, saved by Tend.
Good to know before you apply
A covered criminal act is one committed or attempted in Washington, or one committed outside Washington against a Washington resident in a state with no crime victims' compensation program.
Show the law for this line: RCW 7.68.020(6)(c)
RCW 7.68.020(6)(c)WA-RESIDENCY-1
an act committed outside the state of Washington against a resident of the state of Washington which would be compensable had it occurred inside this state and the crime occurred in a state which does not have a crime victims' compensation program
For the exam alone, the no-bill rule covers exams at Washington facilities whether the assault happened in or outside Washington.
Show the law for this line: RCW 7.68.170
RCW 7.68.170WA-RESIDENCY-2
whether such assault occurred in or outside the state of Washington
Program payment is secondary to other insurance benefits, whatever any insurance contract or coverage says.
Show the law for this line: RCW 7.68.130(3)
RCW 7.68.130(3)WA-COLLATERAL-1
Payment by the department under this chapter shall be secondary to other insurance benefits, notwithstanding the provision of any contract or coverage to the contrary.
Victims must use their private insurance before the program will consider paying.
Show the law for this line: RCW 7.68.130(5)
RCW 7.68.130(5)WA-COLLATERAL-2
Before payment of benefits will be considered victims shall use their private insurance coverage.
On an allowed claim under the maximum benefit, the claimant should not pay; providers bill insurance first and then the department, and must refund the claimant if they collected while eligibility was pending.
Show the law for this line: WAC 296-30-087(1)
WAC 296-30-087(1)WA-COLLATERAL-3
If claim costs are under the maximum benefit, the claimant should not pay any expenses relating to an allowed claim. Providers must bill the claimant's public or private insurance first, and then bill the department.
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If you're Jane Doe in Washington: you can ask for up to $190,000, and you should never get a bill for a forensic exam.
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