Criminal acts can leave deep scars on their victims, both physical and emotional. And in order to enable the process of healing these scars, there needs to be support from the community and the government. It is with this in mind that the province of Quebec has developed the Indemnisation des victimes d’actes criminels (IVAC) system. If you have been at the receiving end of a crime and are wondering exactly how IVAC can help and what it offers victims of crimes, we have created this expert guide to educate you.
What is IVAC?
Crime victim compensation (IVAC) is a program developed by the Province of Quebec to compensate and provide support to anyone who has been affected by a crime. Although the name of this system suggests that it is centered around victims, the compensation extends to first aiders, rapid response teams, and even witnesses.
The aim of this system is to provide financial compensation as well as support to anyone who qualifies. IVAC is in place to help ensure that you do not have to face the repercussions of criminal incidents on your own. If you believe you are entitled to financial compensation through IVAC, you have three years from the day you become aware of physical or psychological symptoms to make your claim.
If, however, you are a victim of domestic violence, child abuse, or sexual violence, the three-year deadline does not apply. In such cases, you can file your claim at any point, provided the incident occurred after March 1, 1972. If the three-year deadline has elapsed, and you have not yet made your claim, you can still appeal for special consideration if you have had a good reason for filing late.
What are the benefits of IVAC?
Can I be compensated by IVAC if I am the victim of a crime outside Quebec?
The simple answer is no. If the crime was committed outside Quebec, your claim for compensation will not stand in Quebec, whether or not you are a resident of the province. However, that does not mean that you are not entitled to compensation.
It simply means that you will have to apply for it in the province in which the crime occurred. Each province has its own version of IVAC, so you will need to liaise with the province in which the incident occurred to find out more about the compensation process.
What compensation does IVAC offer?
If you are the victim of a crime (excluding crimes to properties), you are entitled to fair compensation for the following:
- Financial assistance for any loss of income
- Therapy for psychological injuries
- Medication expenses
- Medical expenses
- Childcare expenses
- Moving expenses if you are forced to relocate
- Cost of cleaning up the crime scene
- Clothing replacement
- Housekeeping or home adaptation costs
- Funeral expenses
- Lump sum payment for the death of a child or a spouse
How to qualify for IVAC
Not everyone who applies for IVAC will qualify. It is therefore important to know the criteria to qualify for IVAC before filing your application. This way you won’t waste your time and money filing an application that might be rejected.
The crime must be covered by IVAC
This is an important point. IVAC does not offer compensation for every single crime that has been committed. IVAC only offers compensation and support for criminal acts that are committed against a person. The program excludes property crimes such as theft or fraud, unless you had violence directed at you during a theft being committed at your home or during the perpetration of the fraud.
You must be considered a victim
It is not only the direct victim of a crime who can qualify for victim compensation. If you were on the scene as a first responder or a witness or tried to intercept the crime in order to prevent it and you suffered an injury, you are also entitled to compensation through IVAC.
Additionally, if you were not present at the crime scene but are the parent or spouse of someone who was the victim of a crime, you might also qualify for compensation.
You have to respect specific deadlines
Applications submitted to IVAC are subject to specific delays and deadlines which vary depending on the current stage of the case. Any ruling made by the Direction de l’indemnisation des victimes d’actes criminels may be reviewed by the Tribunal administratif du Québec (TAQ) if the delays that are specified in the decision are respected.
Since it is extremely hard to obtain the compensation you are entitled to if you miss the specified deadline, we recommend booking an appointment with an IVAC lawyer at Accident Solution to greatly increase your chances of success.
How to apply to IVAC
An IVAC application involves the following steps:
- You must first submit an application. You have three years to do so, from the date of your physical or psychological symptoms. If you are a minor, your filing period begins the moment you turn 18.
- To submit the application, you need to go to the IVAC website and find the form that is applicable to you. You will need to attach objective proof of any injuries you have suffered as well as receipts of any costs you have incurred.
- If your application is accepted, you will have a telephone interview to establish what compensation you are likely to be entitled to.
- Your health and injuries will then be assessed to create a treatment plan for you.
- Once your case has been fully assessed, you will then be informed of any and all compensation you will be entitled to. Compensation calculations differ for each person and depend on a lot of different factors.
File an IVAC application with the help of a lawyer
How to file your compensation case
It is important to file your compensation case in a thorough and professional manner. While you do not necessarily need to know what the law says about your situation and the crime that has been committed against you, you need to know how to approach the system.
Make sure you file your application in a timely manner and provide all the relevant evidence needed. It is a good idea to collect a record of previous salaries, which might have been impacted as a result of the crime, all receipts for expenses related to the crime, proof of any injury related to the crime, etc.
Get a free consultation with an IVAC lawyer
It is advisable to seek the help of an IVAC lawyer who can walk you through the process of getting the compensation that you rightly deserve. At Accident Solution, we understand that you are at your most vulnerable following the events of a crime, which is why our expert lawyers approach and handle each and every case with caution and patience.
Trying to put all the pieces of the puzzle together by yourself can be stressful. Our lawyers can guide you through the process from A to Z and ensure the best possible chance of getting the compensation you are entitled to.
