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Law garden / West Virginia

If you're Jane Doe in West Virginia

What West Virginia's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.

Crime Victims Compensation Fund, run by West Virginia Legislative Claims Commission.

Program phone304-347-4850
Crime Victims Compensation Fund home page

Crime Victims Compensation Fund home pageWV-S8

The program's own page, saved by Tend.

Open it on wvlegislature.gov

What the program can pay for

  • The most the program can pay for all costs together is $35,000.

    W. Va. Code 14-2A-14(g)(1)

    W. Va. Code 14-2A-14(g)(1)WV-CAP-1

    For an injury claim, total compensation to the victim and all other claimants may not exceed $35,000.

    Except in the case of death, or as provided in subdivision (2) of this subsection, compensation payable to a victim and to all other claimants sustaining economic loss because of injury to that victim may not exceed $35,000 in the aggregate.

    Read this sentence on code.wvlegislature.gov

  • Medical care

    W. Va. Code 14-2A-3(f)(1)

    W. Va. Code 14-2A-3(f)(1)WV-COV-1

    Reasonable charges for needed medical and psychological care, including eyeglasses, dentures and rehabilitation, are allowable expenses.

    Reasonable charges incurred or to be incurred for reasonably needed medical care, including products, services, and accommodations related to medical and psychological care, prosthetic devices, eye glasses, dentures, rehabilitation, and other remedial treatment and care

    Read this sentence on code.wvlegislature.gov

  • Counseling

    Eligibility page, Reimbursable Expenses

    Eligibility page, Reimbursable ExpensesWV-COV-2

    Mental health counseling by a licensed counselor is a reimbursable expense.

    Mental Health Counseling by a Licensed Counselor

    Read this sentence on victims.wvlegislature.gov

  • Dental care

    Eligibility page, Reimbursable Expenses

    Eligibility page, Reimbursable ExpensesWV-COV-6

    Dental costs are listed with medical costs as reimbursable.

    Medical/Dental Mental Health Counseling by a Licensed Counselor Lost Wages/Income

    Read this sentence on victims.wvlegislature.gov

  • Travel

    • Travel to attend court proceedings in the prosecution is covered up to $5,000. This cap applies to court travel only, not to travel for medical care.
    W. Va. Code 14-2A-3(f)(6)and 1 more

    W. Va. Code 14-2A-3(f)(6)WV-COV-3

    Reasonable travel to and from a medical facility is an allowable expense.

    Reasonable travel expenses for the transportation of a victim to and from a medical facility.

    Read this sentence on code.wvlegislature.gov

    W. Va. Code 14-2A-3(f)(4)WV-CAP-3

    Reasonable travel expenses not to exceed $5,000 for a claimant to attend court proceedings conducted for the prosecution of the offender

    Read this sentence on code.wvlegislature.gov

  • Lost pay

    W. Va. Code 14-2A-3(g)and 1 more

    W. Va. Code 14-2A-3(g)WV-COV-4

    Lost income from work the victim could not do because of the injury counts as economic loss.

    "Work loss" means loss of income from work that the injured person would have performed if he or she had not been injured

    Read this sentence on code.wvlegislature.gov

    W. Va. Code 14-2A-3(g)WV-COV-5

    Income lost to attend court proceedings in the prosecution also counts as work loss.

    "Work loss" also includes loss of income from work by the claimant, the victim, or the parent or legal guardian of a minor victim who must miss work to attend court proceedings conducted for the prosecution of the offender.

    Read this sentence on code.wvlegislature.gov

  • Moving

    • Relocation costs are covered up to $4,500.
    W. Va. Code 14-2A-3(f)(3)

    W. Va. Code 14-2A-3(f)(3)WV-CAP-2

    Victim relocation costs not to exceed $4,500

    Read this sentence on code.wvlegislature.gov

What it does not pay for

  • Damaged or stolen personal property (for example a phone) and stolen money are not covered. Eyeglasses and dentures are an exception.

    Application packet, information page

    Application packet, information pageWV-EXCL-1

    No. Damaged or stolen property, including money, is NOT recoverable.

    Open the source on wvlegislature.gov

  • Personal property is not covered, except medically necessary items such as eyeglasses.

    Eligibility page, Types of Losses Not Covered

    Eligibility page, Types of Losses Not CoveredWV-EXCL-2

    Personal property (except medically necessary items such as eyeglasses)

    Read this sentence on victims.wvlegislature.gov

The forensic exam

  • You should not get a bill for a sexual assault forensic exam.

    W. Va. Code 61-8B-16(b)

    W. Va. Code 61-8B-16(b)WV-EXAM-1

    A medical facility may not collect the cost of the sexual assault forensic exam from the survivor or from the survivor's insurance.

    No licensed medical facility may collect the costs of a forensic medical examination from the alleged victim of a violation of this article or from the alleged victim's insurance coverage, if any.

    Read this sentence on code.wvlegislature.gov

  • The provider should not bill your insurance for it either.

    W. Va. Code 61-8B-16(b)

    W. Va. Code 61-8B-16(b)WV-EXAM-1

    A medical facility may not collect the cost of the sexual assault forensic exam from the survivor or from the survivor's insurance.

    No licensed medical facility may collect the costs of a forensic medical examination from the alleged victim of a violation of this article or from the alleged victim's insurance coverage, if any.

    Read this sentence on code.wvlegislature.gov

  • The West Virginia Prosecuting Attorneys Institute pays the facility for the forensic exam out of the forensic medical examination fund.

    W. Va. Code 61-8B-16(a)

    W. Va. Code 61-8B-16(a)WV-EXAM-2

    the West Virginia prosecuting attorneys institute shall pay to a licensed medical facility from the forensic medical examination fund the cost of the forensic medical examination for the alleged victim

    Read this sentence on code.wvlegislature.gov

  • The exam fund does not cover nonforensic care given at the same visit (such as preventive treatment, injury treatment, pregnancy and STI testing); the facility may bill the survivor or their insurer for those.

    W. Va. Code 61-8B-16(a)(2)

    W. Va. Code 61-8B-16(a)(2)WV-EXAM-3

    The costs of additional nonforensic procedures performed by the licensed medical facility, including, but not limited to, prophylactic treatment, treatment of injuries, testing for pregnancy and testing for sexually transmitted diseases, may not be paid from the fund: Provided, That nothing in this section shall be construed to prohibit a licensed medical facility from seeking payment for services referred to in this subdivision from the alleged victim or his or her insurer, if any

    Read this sentence on code.wvlegislature.gov

Police report

  • The program asks for a police report. The rules below say when other records can count instead, like a forensic exam.

    W. Va. Code 14-2A-14(b)and 1 more

    W. Va. Code 14-2A-14(b)WV-REP-1

    The crime must be reported to law enforcement within 96 hours, but for a sexual offense a forensic medical exam within 96 hours meets the requirement instead. Good cause can excuse a late report or exam, and juvenile victims are exempt.

    The commissioner may not approve an award of compensation if the criminally injurious conduct upon which the claim is based was not reported to a law-enforcement officer or agency or, in the case of sexual offense, the victim did not undergo a forensic medical examination, within 96 hours after the occurrence of the conduct, unless it is determined that good cause existed for the failure to report the conduct or undergo a forensic medical examination within the 96-hour period: Provided , That reporting to a law-enforcement officer or agency or a forensic medical examination is not required if the victim is a juvenile in order for a commissioner to approve an award of compensation

    Read this sentence on code.wvlegislature.gov

    W. Va. Code 14-2A-18WV-REP-2

    Beyond the police report, a criminal charge generally has to be filed. It is not required when the offender is unknown, when the claimant was a juvenile, or when an adult claimant did not cause the lack of charges and law enforcement confirms the evidence supports that a crime occurred. A conviction is not required.

    The filing of a criminal charge shall be a prerequisite for receipt of compensation unless it is determined that no charges were filed due to the identity of the perpetrator being unknown: Provided, That no criminal charges need be filed if: (1) The claimant is an adult at the time the conduct giving rise to the claim occurred and no criminal charges were filed for reasons other than the desire of the claimant and a law-enforcement agency confirms that the available evidence supports a finding that a crime occurred; or (2) the claimant was a juvenile at the time the conduct giving rise to the claim occurred.

    Read this sentence on code.wvlegislature.gov

  • A survivor does not have to report to police or cooperate with law enforcement to get a state-paid forensic exam.

    W. Va. Code 61-8B-16(c)

    W. Va. Code 61-8B-16(c)WV-EXAM-4

    Nothing in this section shall be construed to require an alleged victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided a forensic medical examination pursuant to the provisions of this section.

    Read this sentence on code.wvlegislature.gov

  • The crime must be reported to law enforcement within 96 hours, but for a sexual offense a forensic medical exam within 96 hours meets the requirement instead. Good cause can excuse a late report or exam, and juvenile victims are exempt.

    W. Va. Code 14-2A-14(b)

    W. Va. Code 14-2A-14(b)WV-REP-1

    The commissioner may not approve an award of compensation if the criminally injurious conduct upon which the claim is based was not reported to a law-enforcement officer or agency or, in the case of sexual offense, the victim did not undergo a forensic medical examination, within 96 hours after the occurrence of the conduct, unless it is determined that good cause existed for the failure to report the conduct or undergo a forensic medical examination within the 96-hour period: Provided , That reporting to a law-enforcement officer or agency or a forensic medical examination is not required if the victim is a juvenile in order for a commissioner to approve an award of compensation

    Read this sentence on code.wvlegislature.gov

  • Beyond the police report, a criminal charge generally has to be filed. It is not required when the offender is unknown, when the claimant was a juvenile, or when an adult claimant did not cause the lack of charges and law enforcement confirms the evidence supports that a crime occurred. A conviction is not required.

    W. Va. Code 14-2A-18

    W. Va. Code 14-2A-18WV-REP-2

    The filing of a criminal charge shall be a prerequisite for receipt of compensation unless it is determined that no charges were filed due to the identity of the perpetrator being unknown: Provided, That no criminal charges need be filed if: (1) The claimant is an adult at the time the conduct giving rise to the claim occurred and no criminal charges were filed for reasons other than the desire of the claimant and a law-enforcement agency confirms that the available evidence supports a finding that a crime occurred; or (2) the claimant was a juvenile at the time the conduct giving rise to the claim occurred.

    Read this sentence on code.wvlegislature.gov

Deadline to apply

  • Apply within 2 years of the date it happened.

    W. Va. Code 14-2A-10(b)

    W. Va. Code 14-2A-10(b)WV-DEAD-1

    The application must be filed within two years after the crime.

    All applications for an award of compensation shall be filed within two years after the occurrence of the criminally injurious conduct that is the basis of the application.

    Read this sentence on code.wvlegislature.gov

Keeping your name and address private

  • The Secretary of State's Address Confidentiality Program gives victims of sexual assault, domestic violence, stalking and human trafficking a substitute address to use with state and local agencies, plus free first-class mail forwarding. You apply in person through an approved application assistant at a local victim service program.

    WV Secretary of State ACP page; program created by W. Va. Code 48-28A-103(a)

    WV Secretary of State ACP page; program created by W. Va. Code 48-28A-103(a)WV-ACP-1

    The West Virginia Address Confidentiality Program (ACP) is a program designed to help victims of domestic violence, sexual assault, stalking and human trafficking do business with government agencies and other entities without risking disclosure of their home address.

    Read this sentence on sos.wv.gov

  • Only for a claim filed on behalf of a minor child who is the subject of a civil abuse and neglect petition: the Fund's records and proceedings are confidential and the parties' identities may not be published. No West Virginia statute or rule found makes an adult survivor's compensation claim confidential.

    W. Va. Code 14-2A-11a(b)

    W. Va. Code 14-2A-11a(b)WV-RECCONF-1

    All crime victims’ compensation fund records and proceedings related to a claim filed on behalf of a minor child who is the subject of a civil abuse and neglect petition are confidential and may not be disclosed to any person who is not a necessary participant in the proceedings.

    Read this sentence on code.wvlegislature.gov

How to apply

Good to know before you apply

  • The crime must occur in West Virginia, or in a state without a victim compensation program. A nonresident is eligible only if the crime happened in West Virginia, and West Virginia residents are also covered for crimes outside the United States.

    W. Va. Code 14-2A-3(c); nonresident limit in 14-2A-3(a)(1)

    W. Va. Code 14-2A-3(c); nonresident limit in 14-2A-3(a)(1)WV-RES-1

    “Criminally injurious conduct” means conduct that occurs or is attempted in this state, or in any state not having a victim compensation program, which poses a substantial threat of personal injury or death and is punishable by fine or imprisonment. “Criminally injurious conduct” also includes criminally injurious conduct committed outside of the United States against a resident of this state.

    Read this sentence on code.wvlegislature.gov

  • Awards are reduced by whatever insurance or other collateral sources pay; the fund pays last.

    W. Va. Code 14-2A-14(f)

    W. Va. Code 14-2A-14(f)WV-COLL-1

    The commissioner shall reduce an award of compensation or deny a claim for an award of compensation that is otherwise payable to a claimant to the extent that the economic loss upon which the claim is based is or will be recouped from other persons, including collateral sources

    Read this sentence on code.wvlegislature.gov

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