Most victims of a criminal act find themselves in a rather unusual position likely to generate worries. Although the event itself might have lasted only a few seconds, its physical and/or psychological impact might endure for years to come…which is why the Direction de l’indemnisation des victimes d’actes criminels (IVAC) exists.
What is a victim of criminal acts?
The victim of a criminal act is an individual who has suffered physical, psychological, material, or financial harm on account of a crime perpetrated in the province of Québec. In order to be considered by IVAC, the crime in question must be listed in Appendix 1 of the Crime Victims Compensation Act.
A victim of criminal acts, insofar as they are a citizen or permanent resident of Canada, may be entitled to benefits and services described in the Crime Victims Compensation Act.
In the event where the victim passed away or was unable to act by themselves, the following individual may exercise their rights on their behalf:
- The victim’s spouse;
- The victim’s life partner who had been living with them for at least a year before the event (or death) occurred;
- A family member or a person taking care of the victim;
- Any person who has legal custody of the victim.
The individuals identified above may, themselves, benefit from psychotherapy treatments.
Requirements
Certain terms, conditions, and criteria must be satisfied before the victim of a criminal act is entitled to benefits on account of physical or psychological harm.
The criminal act must:
- Have occurred within the province of Québec (regardless of where the victim actually lives or resides);
- Have been directed against the victim. No property-related offence will ever be considered;
- Be recognized by IVAC. (Consult the list of crimes recognized by IVAC)
The victim must:
- Demonstrate that injuries (or death) are directly attributable to the perpetration of a crime;
- Suffer from physical or psychological harm;
- Submit evidence which describes the nature and extent of their injuries;
- File a claim within the delay prescribed by law;
- Provide documentary evidence of the crime alleged in their application.
Whenever another plan or program offers compensation to the victim, the latter will not be allowed to claim compensation from IVAC. For instance, the individual who was involved in a work-related accident or a road traffic accident must file a claim with the CNESST or the SAAQ (as the case may be).
Steps to follow
Any victim of a criminal act must follow the steps described below:
1. Claim
First and foremost, all required information and documents must be provided in due time. In fact, the claim must be filed with IVAC within two (2) years of the victim’s injuries or death.
Although any victim of a criminal act is entitled to compensation, filing a claim with IVAC is far from simple – which is why you should entrust your case to Accident Solution.
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2. Approval
If your claim is compliant with statutory requirements and eventually approved, an IVAC agent or advisor will call you (face-to-face meetings are extremely rare) in order to assess your needs. The agent or advisor in question will underline the roles and duties of IVAC and tell you which benefits appear to be available to you.
3. Response plan
IVAC will then review your case thoroughly and devise a response plan aimed at addressing the limitations you are facing and the care and/or treatment you require.
An IVAC agent will (i) remain in contact with you throughout the process, (ii) inform you of any and all decisions taken in your case, and (iii) make sure that the proposed response plan properly aligns with your needs, abilities, and current health condition.
4. Assessment of the injuries
As previously pointed out, injuries may be physical, psychological, or cosmetic. As such, they will be assessed either by your personal physician, IVAC’s medical department, or a specialized doctor who relies on the APD (Anatomic-Physiological Deficit) index.
Such healthcare professionals will also determine whether or not you will be entitled to permanent disability benefits in the event where physical or psychological aftereffects compromised your daily activities or your chances of going back to work.
5. Professional rehabilitation
Specific programs may also be available whenever the harm caused by a criminal act prevents the victim from working or going back to school on a full-time basis.
6. Annuities
Should you experience permanent disability, you might be awarded a capitalized or life annuity.
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Collect the documents you will need
In order to be complete and admissible, your application must contain a lot more than a claim form. You will also need documentary evidence of your injuries, which might consist in a medical or psychosocial assessment issued by a healthcare facility or any member of a professional corporation.
You must also (lest your application be rejected) provide the following information :
- Identify of the victim
- Healthcare insurance number of the victim
- Social insurance number of the victim
- Date at which the crime was perpetrated
To learn more about the information and documents you must provide in support of your claim, consult the guidelines available on IVAC’s official website.
Need some help filing a claim?
As the compensation process can prove rather demanding and tedious, we strongly recommend that you consult a specialized attorney before filing a claim or an application for review with IVAC.
On that matter, keep in mind that Accident Solution has already helped hundreds of victims collect fair and adequate benefits.
