Victims of criminal offenses suffer a lot of stress and trauma following the crime which is why they want the process of claiming compensation to be as seamless and simple as possible. Whilst the IVAC application process is designed to be easy, the compensation regime asks applicants a lot of questions, which can be confusing and lead to a failed application. In order to help you get the compensation you are entitled to, we created this guide on how to contest a decision made by the Direction générale de l’IVAC.
When to file a challenge to IVAC?
If your initial IVAC application did not yield satisfactory results, you have the option of challenging it. There are a number of circumstances in which IVAC decisions can, and sometimes should, be challenged.
To begin with, you should challenge an IVAC decision if you truly believe that you are entitled to more financial compensation than you have been afforded. The system has been put in place to ensure that all crime victims are fairly compensated for the physical and psychological injuries they have sustained.
You should also file an appeal if your application for benefits was denied when you believe it should have been accepted. Essentially, until you are completely satisfied that you have received the amount of compensation to which you are entitled, you should continue to challenge decisions made by the Direction générale de l’IVAC.
You will receive all decisions or correspondence by mail, which will inform you of whether your application for qualification has been accepted and how much compensation you will receive. If you are unhappy with any decisions made, you should immediately begin the challenge process as once you have received your decision letter, you only have 90 days to contest it.
What is crime victim compensation (IVAC)?
Steps involved in the IVAC challenge process
It is important to follow the specific steps set out by IVAC if you want a strong chance of having your decision appealed. Below are the steps involved in the process of challenging an IVAC decision.
1. Review the decision
The first thing you need to decide is whether or not you are happy with the compensation amount that IVAC has assigned you. Once you file an application, if it is approved, IVAC will get in touch with you to inform you of how much they think you are owed based on the evidence that you have provided and the assessments they have independently carried out.
If you are happy with the compensation plan they have presented, you do not need to do anything. If, however, you are not happy with it, you will need to initiate your challenge. We strongly advise you to get legal advice to know what your rights and entitlements are.
2. Submit an application for review
If you are not happy with the compensation that you have been offered, you have to submit an application for review. The Application for Review form can be found on the IVAC website and can be used by crime victims, first responders, or close relatives of victims who are not happy with their compensation. If your application for review is successful, you will then have a member of the Direction générale de l’IVAC contact you in order to go over the new compensation boundaries.
3. Present your case to the Tribunal administratif du Quebec
Once you have formally submitted your Application for Review form, and it has been looked over thoroughly, it will either be accepted or denied. If denied, and you are appealing a decision of the Bureau de la révision administrative, you have the option to present your case to the Tribunal administratif du Québec.
You will have to send all your forms and all the evidence you have that proves that you are entitled to more than what you have been awarded, following which you will have to present yourself in front of a judge at a court hearing. Most hearings are done online, so you will be invited to a team meeting to state your case. Once the hearing is through, a ruling will be made on whether or not the victims compensation you were afforded was insubstantial and whether or not you are entitled to more money.
What happens after the challenge is submitted to IVAC?
Once a challenge is formally submitted, one of two things will happen depending on who you are challenging. If you are directly challenging the Direction générale de l’IVAC, you will receive a direct correspondence from them with a decision regarding whether or not your appeal has been accepted.
On the other hand, if you have requested a review from the Bureau de la révision administrative because your initial application for review was denied, you will need to present your case in front of the Tribunal administratif du Québec who will then decide whether you are eligible for any additional compensation.
What are the time limits for challenging IVAC decisions?
In most cases, you only have 30 days to challenge an IVAC decision. Other than the generic 30-day period to challenge a decision made, if you are contesting the amount of compensation you have received as your permanent disability rate, you have up to 90 days to appeal.
If you submitted an IVAC decision appeal within the designated time period and that request gets denied, you have an additional 60 days to appeal that denial. It is important to note that all these time periods begin the moment you receive the letter.
Get a free consultation with an IVAC lawyer
Compensation legislation can be confusing, especially if the Direction générale de l’IVAC has failed to provide you with the amount of compensation you are entitled to. Furthermore, you could do without a complicated legal battle after you have just experienced a traumatic event.
The lawyers at Accident Solution are dedicated to ensuring that you achieve the best possible outcome from your compensation battle. Our IVAC lawyers have the necessary experience and expertise to help you navigate your way through systemic complexities. We will talk you through all your compensation options and guide you through the process of gathering all the relevant evidence.
