Illinois Crime Victim Compensation: Eligibility, Benefits, and $45,000 Cap

Illinois crime victim compensation reimburses eligible victims of violent crimes for out-of-pocket expenses — medical bills, counseling, lost wages, funeral costs, and more — up to $45,000 per victim for crimes committed on or after August 7, 2022.¹ The Illinois Attorney General’s office administers the program under the Crime Victims Compensation Act (740 ILCS 45). You do not need a lawyer to apply, but the deadlines and documentation requirements are strict.

Who Qualifies to File

You don’t have to be the person directly harmed to file a claim. The Act makes several categories of people eligible:¹

The victim.
Household members who lived with the victim at the time of the crime, for their own counseling costs, lost earnings from caring for the victim, or relocation expenses.
Guardians filing on behalf of a minor or a person with a legal disability.
Dependents of the victim, especially in homicide cases.
Anyone who voluntarily paid the victim’s medical or funeral costs.

The Court of Claims can also extend eligibility to others it finds entitled to compensation, which allows some flexibility in unusual situations.

Which Crimes Count

The program covers “crimes of violence” as defined in the Act, which is broader than it sounds. Qualifying offenses include:²

First and second degree murder, involuntary manslaughter, and intentional homicide of an unborn child.
Criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, and criminal sexual abuse.
Assault, aggravated assault, battery, aggravated battery, domestic battery, and aggravated domestic battery.
Kidnapping, aggravated kidnapping, and human trafficking.
Stalking, aggravated stalking, and violation of an order of protection.
Hate crimes, arson, aggravated arson, reckless conduct, child exploitation, and abuse of a long-term care facility resident.
DUI under the Illinois Vehicle Code, and hit-and-run where the victim was a pedestrian, cyclist, or mobility-device user.

A few boundaries matter. Ordinary motor vehicle crashes do not qualify unless they involve DUI or the hit-and-run situation above. Crimes committed during a civil riot, insurrection, or rebellion are excluded. Federal offenses that occurred within Illinois, including acts of terrorism under federal law, do qualify.²

Reporting the Crime and Cooperating with Police

You must report the crime to law enforcement within 72 hours. If you reported later than that, you can still qualify by showing the delay was reasonable.³

For sexual assault, sexual abuse, and human trafficking victims, the window is seven days.³

Several actions count as a substitute for a police report:³

Obtaining an order of protection, civil no-contact order, or stalking no-contact order.
Going to a hospital for sexual assault evidence collection.
Presenting to a mental health provider for an independent medical evaluation.
Being involved in legal proceedings as a victim of human trafficking or law enforcement use of force.

You also have to cooperate with the investigation and prosecution. The same protective orders and hospital evidence collection also satisfy the cooperation requirement. The offender does not need to be caught or convicted for you to receive compensation.¹

How Long You Have to File

Applications must be filed within five years of the crime, or within one year after criminal charges are filed against the offender, whichever gives you more time.³

If the victim was a minor at the time of the crime, or had a legal disability (which includes a PTSD diagnosis), the application can be filed within three years after turning 18 or after the disability is removed.³

The Attorney General and Court of Claims can still accept a late application for good cause, but that is discretionary. Don’t plan around it.

What the Program Will Pay For

Compensation is for specific out-of-pocket losses caused by the crime. It is not a general damages fund. Pain and suffering, stolen or damaged property, and anything already paid by insurance or another source are not covered. The program pays only after insurance, restitution, workers’ compensation, and other sources are applied.⁴

Medical and Mental Health Care

Hospital visits, surgery, dental care, prescription medications, and counseling related to the crime are all covered. Counseling is a major category in practice. Hold onto all billing statements and insurance explanation-of-benefits forms, because the program reimburses only what other sources did not pay.⁴

Lost Wages

If the crime left you unable to work, lost earnings are reimbursed up to $2,400 per month, or your actual net monthly earnings if lower.⁴ You’ll need employer verification of your work status and earnings, plus medical records showing you couldn’t work. Household members who had to take time off to provide full-time care for the victim can also claim lost wages.

Funeral and Burial Costs

When a violent crime causes a death, funeral, burial, cremation, and headstone costs are covered up to $10,000.⁴ Submit itemized bills from the funeral home.

Relocation

Victims and household members who have to move because of the crime can claim relocation costs. This often applies in domestic violence and stalking cases where staying put is unsafe.

Loss of Support

Dependents of a victim who died or was incapacitated can receive compensation for lost financial support.⁵

The $45,000 Cap

The maximum total award is $45,000 per victim for crimes committed on or after August 7, 2022. For crimes between August 7, 1998 and August 6, 2022, the cap is $27,000. Older crimes have progressively lower caps.¹

The cap is per victim, not per applicant. If the victim, a household member, and someone who paid medical bills all file, the total across all claims still can’t exceed $45,000. Funeral, medical, and hospital expenses get paid first; counseling is reimbursed only after those categories are covered.⁵

What Can Reduce or Deny a Claim

If the victim’s own wrongful act substantially caused the injury, or if the victim substantially provoked the crime, the claim can be denied or reduced.³
Compensation is denied if the award would unjustly benefit the offender or an accomplice.
Property damage is never covered.
Payments from insurance, restitution, or other sources are deducted.

Survivors of homicide victims have an extra protection. They cannot be automatically denied compensation for counseling, crime scene cleanup, relocation, funeral costs, or loss of support just because the victim’s own claim might have been reduced for misconduct.⁵

How to Apply

The Attorney General’s office prefers online applications submitted through the form on its website. You can also download a fillable PDF and email it to CVA@ilag.gov.⁶

Before you start, gather:

The police report number and reporting agency.
Medical bills and insurance explanation-of-benefits forms.
Employer verification of lost wages, plus medical records supporting your inability to work.
Funeral home invoices, if applicable.
Receipts for any other out-of-pocket costs tied to the crime.

The office will verify crime details with law enforcement and almost always ask for additional records. The approval process can take several months depending on case complexity and volume. Approved payments go directly to you or to your service providers.

Emergency Awards for Urgent Costs

If you face immediate financial hardship and your claim looks likely to be approved, the Attorney General can recommend an emergency award before full review is complete. Emergency awards are specifically available for funeral and burial expenses paid directly to a funeral home and for relocation costs.⁷

The emergency payment is deducted from the final award. If your claim is ultimately denied, you have to repay the state. All standard eligibility requirements still apply.

If Your Claim Is Denied

You can petition the Illinois Court of Claims for a hearing if your claim is denied or you believe the award is too low. The petition must be filed within 30 days of the determination you want reviewed.¹

Explain in the petition why you disagree with the decision and describe any additional evidence you want to present. Any documentation you plan to use at the hearing must be submitted to the Attorney General at least 10 working days before the hearing date; otherwise the hearing can be postponed. A Commissioner of the Court of Claims runs the hearing, and the rules of evidence are relaxed. The Commissioner can consider statements and documents that would not be admissible in a regular court.¹

After the hearing, you can petition for rehearing if the Court of Claims overlooked a statute, misunderstood a material fact, or missed a key legal question. Rehearing isn’t granted just to re-argue points the court already considered.

Taxes and Public Benefits

State crime victim compensation payments generally are not taxable income. The IRS treats them as welfare-type payments that should not be included in gross income.⁸

If you receive Supplemental Security Income or other federal needs-based benefits, the Social Security Administration excludes victim compensation payments when determining your countable resources, so an award should not disqualify you from SSI or Medicare Part D Extra Help.⁹ Holding the money for a long time could still affect specific benefit calculations, so check with your caseworker before you spend or save a large award.

1
Illinois General Assembly. Illinois Code 740 ILCS 45 – Crime Victims Compensation Act
2
Illinois General Assembly. Illinois Code 740 ILCS 45/2 – Definitions
3
Illinois General Assembly. Illinois Code 740 ILCS 45/6.1 – Right to Compensation
4
Illinois Attorney General. Crime Victims Compensation Program Guide
5
Illinois General Assembly. Illinois Code 740 ILCS 45/10.1 – Award of Compensation
6
Office of the Illinois Attorney General. Crime Victim Compensation
7
Illinois General Assembly. Illinois Code 740 ILCS 45/10.2 – Emergency Award
8
Internal Revenue Service. Publication 525 – Taxable and Nontaxable Income
9
Social Security Administration. POMS HI 03030.020 – Resource Exclusions