A primary requirement is that the crime be one in which the victim suffered physical or psychological harm or death as a result of a violent crime. Eligible claimants are the victim, a dependent of a deceased victim, or a person authorized to act on behalf of the victim.
Applicants must also meet the following reporting and filing requirements:
There must be economic loss.
The crime must have occurred in Oklahoma.
The crime must have been reported to law enforcement within 72 hours of the incident. The Board or administrator may find good cause for failure to report within this period. Exceptions are always made for child victims.
The claim for compensation must be filed within one year of the crime-related injury of the victim. The one-year deadline may be waived for good cause.
The claimant is required to fully cooperate with the police, prosecution, and other law enforcement entities during the investigation and prosecution of the offender.
Compensation cannot benefit the offender or an accomplice.
Compensation that could be awarded to a claimant shall be reduced or denied, depending on the degree of responsibility for the injury or death that is attributable to the victim.
The Crime Victims' Compensation Fund is the payer of last resort. Expenses that are paid or eligible to be paid from other sources, such as health insurance, Medicaid, Workers' Compensation, Medicare, and Indian Health Services may not be compensated. Employer-paid leave programs are also considered a collateral source when applying for work loss. Social Security benefits are a collateral source when applying for loss of support.
If an application is denied, the victim or claimant is given a written explanation and instructions on how to exercise their right to appeal. The first appeal is to the Board. If a victim or claimant is still dissatisfied with the decision, the second step in the process is to file a petition in the District Court.