IVAC Lawyer – Crime victim lawyer
When a criminal event occurs, whether you are a direct victim, a dependent or a rescuer, it can be important to consult with an experienced lawyer who is familiar with the IVAC compensation process in order to fully understand the different options available to you.
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Why choose Accident Lawyer to represent your case against IVAC?
At Accident Solution, our firm of attorneys and experts specializes in administrative law remedies, including crime victim compensation. Our firm’s goal is to make your life easier and to make the respect of your rights our #1 priority. Our lawyers each hold a complete education in the various law faculties of the province of Quebec. Continuous training and dedication allow our lawyers to offer a complete and efficient service, at the cutting edge of the most recent developments in the field. They will be pleased to accompany you through the process of finding concrete and simplified solutions following an employment injury. Moreover, our lawyers will come to your home if needed.
When should I consult a lawyer specialized in IVAC cases?
The sooner the better! When you are a victim of crime, it is your right to receive compensation for damages and more than that, you may be eligible for many services under the Crime Victims Compensation Act (CTA).
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IVAC Lawyer
Who is eligible for VCI?
The Crime Victims Compensation Branch has compiled a list of typical profiles that can benefit from the VCI:
- An individual who is a victim or witness of a crime. In the event of the victim’s death, the victim’s dependents;
- An individual who has been physically or mentally injured as a result of a crime;
- A victim’s next of kin, who may be a victim in their own right, such as a spouse, father, mother, child of the victim or child of the spouse, brother, sister, grandfather, grandmother, or any other person chosen by the victim with whom they have a deep and meaningful relationship;
- An individual who makes an arrest or tries to prevent the commission of an offence.
Each profile has its own particularity. This is why it is strongly encouraged to consult professionals in the field to know your rights and to inform you on the procedures to follow.
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What are the benefits offered by IVAC?
Once again, the Crime Victims Compensation Branch has compiled a list of the different types of compensation available to victims of crime:
- Income replacement compensation, which is 90% of net pay, which is awarded from the first day the injured employee is unable to perform the duties of his or her job;
- Compensation for permanent physical damages, which are listed by regulation and are paid in a lump sum (for more information, consult an Accident Solution lawyer);
- Costs for psychological support;
- The father and mother of a child who died in criminal circumstances are entitled to a lump sum payment;
- Funeral expenses and transportation of the body;
- The cost of cleaning up the crime scene.
What are the criteria for obtaining compensation from the IVAC?
After having been a victim of a criminal act, it is important to know that certain criteria must be met in order for the victim to receive compensation from the IVAC. In fact, to qualify for compensation, the victim must meet the definition of a victim of a criminal act.
It is important that 3 conditions related to the criminal act be met
- The act must have taken place on the territory of Quebec. A non-resident or foreign person can claim compensation from the IVAC, as long as the incident occurred in Quebec.
- The criminal act must have been committed against a person, incidents committed on material goods cannot be the object of a compensation claim with the IVAC.
- The act must be on the list of crimes recognized by the IVAC, see the appendix of Article 3 of the ACT ON COMPENSATION FOR VICTIMS OF CRIMINAL ACTS for the list of recognized offences.
It is important that 3 conditions related to the victim of the act be met
- The victim of the crime must suffer from a psychological or physical injury
- The victim must be able to prove that the act resulted in an injury or death, thanks to an official document that specifies the nature of the injuries caused by the criminal act. This official document must be issued by a member of the professional order.
- The victim must make the request within the time limit set by law, which is a maximum of 3 years after the crime.
However, there is no longer a time limit for criminal offences involving spousal abuse, child abuse or sexual abuse. Thus, the request for qualification can be made at any time.
What are the time limits for challenging I.V.A.C.?
Just as a challenge to the Société des assurances automobile du Québec (SAAQ) or the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) takes place at several levels, a challenge to the Direction de l’indemnisation des victimes d’actes criminels has several time limits depending on the level.
A decision rendered by the Direction de l’indemnisation des victimes d’actes criminels can be reviewed or contested before the Tribunal administratif du Québec (TAQ) according to specific deadlines that are always indicated in the written decision rendered by the IVAC.
If you do not contest the decision within the time limit, it will be difficult for you to obtain the compensation to which you are entitled. It is much more difficult to challenge a decision by the Crime Victims Compensation Branch once the deadline has passed. It is therefore essential to respect the deadlines. If in doubt, consult an IVAC lawyer.
Sometimes, some challenges are accepted despite the fact that the deadlines have expired. However, the victim or claimant must prove why they did not act. To learn more about how to file a time limit challenge, consult with one of our IVAC attorneys.
However, there is no longer a time limit for criminal offences that involve spousal abuse, child abuse or sexual abuse. Thus, the request for qualification can be made at any time.
Protégez vos droits en cas d’accident de travail ou de maladie professionnelle
How do you plan a challenge?
Thoroughness and expertise: these are the two most important qualities in planning a successful challenge to the Criminal Injuries Compensation Branch.
Thoroughness is the quality that you must develop. We are talking about a well-structured file, including all the necessary documentation as well as copies of these documents, in addition to a basic understanding of how the IVAC operates.
Your thoroughness must be complemented by the expertise of a lawyer specialized in VCI files, who will be able to advise you on the options available to you depending on your situation.
Consult one of our VCI lawyers in Montreal, Laval or Longueuil now to find out your rights and possible recourses.
Different and complementary procedure to the police report
While it is recommended that you file a complaint with the police as soon as you become a victim of crime, IVAC’s compensation is not related to a complaint to the police. The two are completely independent.
You can sue your abuser in both criminal and civil court, although both are completely outside the scope of the VCI. We recommend that if you feel that a lawsuit is a solution or a necessity, that you be patient and seek the advice and expertise of a lawyer specialized in civil or criminal law respectively.
IVAC vs CSST
What is the difference between IVAC compensation and CSST compensation?
The Direction de l’indemnisation des victimes d’actes criminels is part of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), but they have very different jurisdictions and missions.
The CNESST’s objective is to ensure that the workplace is responsible for the health and safety of workers and to compensate and rehabilitate victims of occupational injuries.
The workplace is not immune to criminal acts. In the event that you are the victim of a criminal act in the workplace, regardless of its nature, it is recommended that you consult a lawyer who specializes in this type of case in order to know the procedure to follow with both the CSST and the IVAC.
It is possible that the CNESST and IVAC services may overlap in terms of procedures and paperwork, but their respective jurisdictions are very different.
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Why not the SAAQ?
In the same way that a criminal act can occur in a workplace, it is possible that a criminal act involves a road vehicle (remember that the compensation given by the SAAQ does not cover off-road vehicles, such as all-terrain vehicles or snowmobiles).
Nevertheless, unlike the approach presented in the previous paragraph, you have a decision to make here. You can make a claim with the SAAQ as well as with the IVAC, but you should not do both at the same time.
In order to make an informed choice as to the recourse you may undertake, we advise you to consult one of our lawyers specialized in SAAQ or IVAC files.
Do you have other questions about IVAC? Would you like to speak to one of our crime victim lawyers?
To learn more about our services related to CSST and SAAQ, we encourage you to visit our website, which is full of recent and practical information.
Do not hesitate to contact us for a free consultation with a lawyer specialized in IVAC litigation.
