'Basically, the law compensates them or dependents for medical and related expenses, loss of earnings up to $10,000 per claim' but property loss and pain are excluded. Attorney General's office administers program through Court of Claims

to get all records he requests, including those from police, medical, employment, and insurance sources.

Once an applicant decides to file, he must notify the Attorney General's office in writing of his intent. He has six months from the date of injury to do this. Completed applications must be filed with the Court of Claims in Springfield within two years from the date of injury.

"Certain situations exclude applicants from compensation," Wexler said. "They can't get compensation if the victim and his assailant are related or sharing the same household; if the injury or death of the victim was substantially caused by his own wrong act; if the victim substantially provoked the assailant; if financial loss is not over $200; or if the applicant has not cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant."

Must notify intent to file
How does the Illinois experience compare with that in other states having similar laws? "When our law was drafted," Wexler said, "we studied what was happening in New York and California. Like Illin6is, they are large states with a large urban population. New York, where a compensation law took effect in 1967, had 196 claims tiled during its first year. In the past year, they've had 2,000 claims filed - more than half of them as a result of mugging. They have a backlog now of just under 1,000 claims. California initially had 169 claims. At the close of last year, there were 838 claims pending there that hadn't been resolved.

"We wanted to be sure we had enough staff members to handle claims so that we wouldn't hit a backlog. When we went to the legislature for funding, we asked for a sufficient appropriation to hire staff members as the need arose. They gave us the money. I think we're going to be able to keep up.

Involves close cooperation
Processing Illinois claims involves close cooperation between applicants and the Attorney General's office -either in Springfield or in Chicago. staff members contact police authorities and investigate the charge, making sure that the date the crime occurred and the type of crime are covered under the act. Applicants themselves round up hospital, doctor, and employer records. "We find it's faster that way," said Wexler, "and speeds the time spent getting the claim ready to file with the court." Usually an investigator from the Attorney General's office meets with the applicant at least once while the claim is being put together.

"We do a spot check with the Department of Public Aid to be sure they haven't picked up any of the applicant's expenses. Wexler said, "so we're sure the state isn't paying twice. Then we prepare a report for the Court of Claims after the investigation is finished. If the court approves the report it enters an order to pay compensation from the General Revenue Fund.

"In recent years, there's been a lot of concern about the rights of defendants, as well as a lot of concern about prison reform. We've been hearing a lot about the rights of those accused, indicted, and convicted," Wexler said. "But for the first time in Illinois, this law recognizes the rights of the innocent victim.

If you or someone you know is eligible to fi file a claim under the Crime Victims' Compensation Act, contact the Office oft the Attorney General, Court of Claims Division.

Persons from the northern part of Illinois, the north of an imaginary line crossing the state just above Kankakee, should write or phone:

Williams J. Scott, A Attorney General Court of Claims Division Room 300.188 W. Randolph Chicago. IL. 60601 312: 793-2587

Persons in Kankakee and all parts of Illinois south of that city should contact:

William J. Scott. Attorney General Court of Claims Division 500 S. Second Street Springfield. IL. 62706 217: 782-1090

A packet of forms and filing information along with a Spanish translation of instructions, will be mailed to those who request it and who initially appear to be eligible. There are no fees for filing claim. The Attorney General's office initially determines eligibility.

44/Illinois Issues/February 1975




|Table of Contents| |Back to 1975 Illinois Issues|

Please note: Advertisements are not included with this issue.
| Previous | | Next |

Pages:|33 ||34 | |35 ||36 | |37 ||38 | |39 ||40 | |41 ||42 | Pages:|43 ||44 | |45 ||46 | |47 ||48 | |49 ||50 | |51 ||52 |

Pages:|53 ||54 | |55 ||56 | |57 ||58 | |59 ||60 | |61 ||62 | Pages:|63 ||64|