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THE "DECLARATION OF PURPOSE"
(Sec.2) of the Texas Crime Victims Compensation Act says in part:
"Crime victim's and persons who intervene in crime on behalf of peace officers may suffer disabilities, incur financial burdens or become dependent on public assistance. The Legislature finds and determines that there is a need for indemnification of victims of crime and citizens who suffer personal injury or death in the prevention of crime or the apprehension of criminals."
Claims filed under the act are investigated by the Attorney General and administered by the Texas Industrial Accident Board.
THOSE ELIGIBLE FOR BENEFITS
You may be eligible for benefits if you are a Texas resident and...
1. you sustain personal injury on or after January 1, 1980:
A. as a victim of a crime
B. as a result of going to the aid of another person or peace officer, or while attempting to prevent a crime, or violence; or,
2. you are a surviving spouse, child or other dependent of a deceased violent crime victim who was a Texas resident; or
3. in the event of a victim's death, you legally assume the obligations or voluntarily pay the medical or burial expenses incurred as a result of a crime.
THOSE NOT ELIGIBLE FOR BENEFITS
1. An individual injured in a motor vehicle accident, unless the injury was intentionally inflicted by the operator of the vehicle, or the driver was D.W.I., or the driver failed to stop and render aid.
2. The offender and/or an accomplice.
3. A victim living in the same household with the offender or an accomplice.
4. A victim whose own misconduct caused or contributed to the criminal act. An award may be denied or reduced depending upon the degree of such misconduct.
CONDITIONS FOR ELIGIBILITY
In order to receive compensation under the act, the following conditions must be met:
1. The injury must have occurred in Texas.
2. The victims must report the incident to law enforcement officials within 72 hours unless there is a valid reason for reporting later.
3. The victim must cooperate with law enforcement officials in their investigation and prosecution.
4. A claim must be filed within one year of the attack.
OTHER SOURCES OF COMPENSATION
The "Crime Victims Compensation Fund" is secondary source which pays for loss not covered by other sources. These sources include:
1. Health Insurance.
2. Sick leave paid by employer.
3. Disability Insurance.
4. Workers Compensation.
5. Social Security.
AVAILABLE BENEFITS
Approved claims can provide compensation for the following reasons:
1. Loss of earnings and support.
2. Funeral Expenses.
3. Reasonable medical, drug counseling, rehabilitation expenses.
4. Care of minor children enabling a victim or spouse, but not both of them, to continue gainful employment.
5. Care of minor children enabling the surviving spouse of a deceased victim to engage in lawful employment, where the expense is not otherwise compensated for.
LIMITS ON AWARDS
The act stipulates that:
1. Total recovery may not exceed $25,000.
2. Wage loss may not exceed $150.00 per week.
3. Child care to enable a victim or spouse to work is limited to $30.00 per week per minor child and may not exceed $75.00 per week for three or more children.
