Do I Qualify?

Who is considered a claimant?

There are a number of definitions of eligible claimants under the law in Michigan, including:

1. A victim.
2. A person related to the victim by blood or affinity to the second degree, including child born after death of deceased victim.
3. A person who was in a dating relationship with the victim at the time of the crime.
4. If the victim was a guardian or primary caregiver to an adult who is physically or mentally incapacitated, that adult who is physically or mentally incapacitated.
5. If the victim was a guardian or primary caregiver to a minor, that minor.
6. If the victim is a minor or is an adult who is physically or mentally incapacitated and a dependent, the guardian/caregiver to that victim.
7. A guardian/caregiver to a victim when the victim was a minor.
8. A person who assumes legal obligation or voluntarily pays for a victim’s funeral/burial expenses.
9. A person who, at the time the crime occurred, was a household member with the victim (an individual who resides in the same dwelling unit).
   • May require proof of permanent residence to demonstrate the individual is eligible, including a lease agreement, utility bill, license registration, document showing mailing address, etc.
10. A person who was previously a household member of the victim for a period of not less than 2 years AND who is related to the victim by blood or affinity.
11. A dependent who suffers loss of support as a result of the death of the victim who died as a result of the crime.

Covered Crimes

A crime considered eligible for Crime Victim Compensation under Michigan law is defined as “A crime committed under the laws of Michigan, the United States, or a Federally recognized tribe in Michigan, including pregnancy or death, or that poses a reasonably perceived or actual threat of injury or death within Michigan.”

Examples of eligible crimes include:

• Homicide
• Robbery
• Assault
• Carjacking
• Hate Crime
• Kidnapping
• Child Abuse
• Domestic Violence
• Sexual Assault
• Human Trafficking
• Stalking
• Elder Abuse
• DWI/DUI
• Terrorism/Mass Violence

Acts of international terrorism and crimes committed against a Michigan resident in another state (that does not have a victim compensation program) that would be considered a crime under Michigan law is also be considered an eligible crime.

Eligibility Requirements

The following are required for a victim/claimant to be eligible for Crime Victim Compensation benefits:

• An individual must be emotionally, physically, psychologically, or mentally injured as a direct result of a crime.
• If the victim is a minor, deceased, or mentally incapacitated, a claimant can file a claim for expenses incurred as a result of the victim’s injuries.
• A victim who experiences a crime that inflicts bodily harm – including pregnancy or death – or a reasonably perceived or actual threat of injury or death under the laws of the United States, State of Michigan, federally recognized Tribal land, or in another state where the crime committed would be considered a crime under Michigan law.
  • An act of international terrorism committed outside the territorial jurisdiction of the United States would also be considered eligible.
• The crime must be reported to law enforcement (waivers may apply).
• If the crime was a sexual assault, then a sexual assault forensic exam may be used in lieu of reporting to police.
• The victim or claimant must cooperate with law enforcement officials in the investigation and prosecution of the case (waivers may apply).
• Cannot be criminally responsible/an accomplice to the crime or involved in misconduct that contributed to the injury at the time of the crime.
• At least $200 of out-of-pocket loss(es) OR at least five (5) days of lost wages or support.
• File a claim within five years from the date of injury or discovery (waivers may apply).
• Seek reimbursement from other sources (health insurance, Medicaid, short/long term disability, etc.) before applying for compensation benefits.