Do you know an innocent victim of a crime?
Financial Help May Be Available...
The Nebraska Crime Victim's Reparations Act was created in 1979 with the passage of Legislative Bill (LB) 910. The Act provides compensation to innocent victims of a crime for certain expenses related to the criminal act.
The Nebraska Crime Victim’s Reparations (CVR) program is funded through the federal Victims of Crime Act (VOCA), state general fund appropriations and cash funds.
Nebraska Revised Statutes 81-1801 to 81-1842 and Crime Commission Rules and Regulations Title 80, Chapters 1 - 7 govern the operation of the CVR Program with Crime Commission staff providing administrative support.
Under authority of the Tax Reform Act of 1976, 42 U.S.C. § 405(c)(2)(C)(i), CVR requires that if a claimant has a Social Security Number, it must be provided for the administration of the CVR program, which is a program of general public assistance, and it is also used for verification of payment of Nebraska state taxes or other debts owed to the State."
Q What is the Crime Victim's Reparations Program?
A The CVR program assists innocent victims of crime who suffer bodily harm and have incurred a financial loss as a direct result of a criminal act.
Q Who is eligible?
A • 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.
Q Who is not eligible?
A • 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 D.U.I.
• 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.
Q What may be paid?
A • 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 (maximum of $5,000).
• 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 $25,000 per incident.
•Eligible claims are reduced by any insurance, sick leave, workers' compensation, unemployment benefits, etc. received.
Q What is not covered?
A • 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.
Q What must I do to be eligible?
A • You must report the crime to a law enforcement agency within 3 days of the incident.
• You must file a claim with the CVR program within 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.
Q What must I do to apply for compensation?
A • Submit a completed compensation form.
• Submit itemized copies of all medical bills relating to the incident.
• If requesting loss of wages, submit:
- copies of 3 payroll stubs 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 exact day you could return to work.
• Submit any other information requested.
Q How will my claim be considered?
A • After all 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 the CVR program to request a hearing. The written request must be made within 30 days.
• If a claim is denied or reduced by the Hearing Officer, the victim has the right to appeal the decision to the Crime Victim's Reparations (CVR) Committee. The appeal must be made in writing and received within 30 days after the decision to deny or reduce the compensation amount is mailed to the victim. The victim is notified and must be present at the appeal hearing. If the CVR Committee upholds the hearing officer's decision to deny or reduce a claim, the victim may appeal in district court within 30 days of the CVR Committee's action.
Q Do I need an attorney to file a claim?
A No, you do not need an attorney to file a claim. If you do choose to hire an attorney, the Hearing Officer or Crime Victim's Reparations Committee may allow reasonable attorney fees not to exceed 5 percent of any compensation awarded.
or by writing or calling:
Nebraska Crime Commission
301 Centennial Mall South
P.O. Box 94946
Lincoln, Nebraska 68509-4946
Other Assistance Available for Crime Victims
Victims of crime may also receive assistance (i.e., emergency shelter, crisis intervention, emotional support, criminal justice information, etc.) by contacting a Victim/Witness Unit or Domestic Violence/Sexual Assault Center in your area. Check your telephone book or contact your local law enforcement agency for more information.
The State of Nebraska does not discriminate on the basis of sex, handicap, race, color, religion, marital status, veteran status, or national origin with respect to Crime Victim's Reparations applications. Inquiries regarding this policy or reasonable accommodations with respect to such programs may be directed to the Nebraska Crime Commission (402) 471-2828 (TDD 800-833-7352).