Quick answer
Every state, plus the District of Columbia, the U.S. Virgin Islands, Puerto Rico and Guam, has a crime victim compensation program that provides direct reimbursement for crime-related expenses such as medical costs, mental health counseling, lost wages, and funeral and burial costs.[1] Eligibility rules vary by state.[1] The programs are “payers of last resort,” which means other sources such as insurance must be used first.[2]
What compensation covers
OVC describes victim compensation as “direct reimbursement” for crime-related expenses, including medical costs, mental health counseling, lost wages, and funeral and burial costs.[1] An OVC training text notes that property crimes are generally not compensable, except in a few states in limited amounts.[3]
Common eligibility rules
OVC training materials, citing the National Association of Crime Victim Compensation Boards, describe requirements that most programs share:[2]
Report promptly
Report the crime to law enforcement promptly; 72 hours is the general standard, with “good cause” exceptions for children, incapacitated victims and others.
Cooperate
Cooperate with police and prosecutors. An arrest or conviction is not required.
Apply on time
Apply generally within one year of the crime, though some states allow more or less time and many can waive the deadline.
No contributory misconduct
The victim generally must not have been engaged in criminal activity or significant misconduct that caused the injury.
OVC reported in 2024 that 26 states condition compensation on at least one criminal-history factor.[4] Each state’s current rules control.
Where to apply
The National Association of Crime Victim Compensation Boards states that “victims and their families should apply for compensation in the state where the crime occurred,” and maintains a directory of state programs.[5]
Payer of last resort
Because compensation programs are payers of last resort, OVC explains that victims “must exhaust all other sources of insurance or public benefits that could pay for medical care, funeral benefits, or counseling before receiving compensation.”[2]
How head injuries fit
The CDC lists assault among the most common causes of TBI,[6] and it identifies survivors of intimate partner violence as a group at greater risk of dying or having long-term health problems after a TBI.[6] Compensation can cover counseling,[1] which may be relevant to the emotional and behavioral effects of a brain injury.
Other options after an assault
A victim may also have a civil claim against the person responsible or, in some cases, against a property owner whose negligent security contributed to the assault.[7] Criminal courts may also order restitution; if restitution could later pay the same costs, OVC notes that the compensation program generally pays first and expects to be repaid.[2]
Frequently asked questions
Does the attacker have to be convicted?
No. OVC materials state that an arrest or conviction is not a prerequisite to receiving compensation.[2]
How soon must the crime be reported?
Most programs use 72 hours as the general standard, with good-cause exceptions.[2] Check the program in the state where the crime occurred.
Which state do I apply in?
The state where the crime occurred.[5]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Office for Victims of Crime, U.S. Department of Justice. “Victim Compensation.” https://ovc.ojp.gov/topics/victim-compensation
- Office for Victims of Crime. National Victim Assistance Academy, Chapter 9, “Crime Victim Compensation.” https://ovc.ojp.gov/sites/ovc/files/pubs/OVC_Archives/nvaa/ch09comp.htm
- Office for Victims of Crime. 2001 National Victim Assistance Academy, Chapter 5-3. https://ovc.ojp.gov/sites/ovc/files/pubs/OVC_Archives/nvaa2001/chapter5_3.html
- Office for Victims of Crime. VOCA Dear Colleague Letter, January 17, 2024. https://www.ovc.ojp.gov/voca-1.17.24-dear-colleague-letter.pdf
- National Association of Crime Victim Compensation Boards. https://www.nacvcb.org/
- Centers for Disease Control and Prevention. “Facts About TBI.” https://www.cdc.gov/traumatic-brain-injury/data-research/facts-stats/index.html
- Legal Information Institute, Wex. “Negligence.” https://www.law.cornell.edu/wex/negligence
Sources last checked: October 11, 2026
