Intake Phase: The claim will be processed in the chronological order in which it is received by the Board. Upon receipt of the application, the claim is opened, given a claim number, an acknowledgment of receipt is sent to the applicant, and if needed, additional information is requested. All requests for emergency assistance and counseling are reviewed immediately.

Eligibility Phase: After a police report is received, the Board's eligibility investigators will review all the circumstances surrounding the incident, including, but not limited to, direct discussion with police and prosecutorial personnel, securing trial related information from the courts, and speaking with witnesses. The investigator will provide the Board's commissioners with a recommendation either that the claim is eligible for compensation or to deny compensation because there has been a failure to comply with one of the statute's provisions.

Compensation Phase: Once determined eligible for compensation, your claim enters the compensation phase. The Board's investigator will verify losses by communicating directly with providers of medical services, securing insurance benefit statements, and gathering loss of earnings and disability payment information.

You are required to show a minimum loss of at least $100 unreimbursed medical expenses or two continuous weeks loss of earnings or support. For incidents occurring on or after June 26, 1995, the minimum loss requirement no longer applies. Accordingly, please respond to the Board's requests as quickly as possible.

If additional information comes to the Board's attention which requires the Board to change its determination of eligibility, you will be notified and you will be given an opportunity to respond to the Board's new decision.

Hearing Phase: The investigator may send you a recommendation denying eligibility or may recommend an amount of compensation with which you disagree. You will have twenty (20) days to advise the Board in writing whether you accept the recommendation. You are entitled to a hearing before the Board. At the hearing you will be given an opportunity to submit proofs in support of your position.

The Board does not require that you appear at formal hearings with an attorney. You have the right, however, to be represented before the Board at all stages of proceedings by a New Jersey licensed attorney.

At the hearing you will be called upon to respond to questions from the Board's legal counsel and the Board's commissioners. You will have the opportunity to make a statement and question witnesses. There may be issues and questions for which legal advice would be beneficial.

If you decide to obtain an attorney, you must notify the Board within twenty (20) days of your hearing date. Your attorney must also send a letter to our Legal Department confirming that the attorney is representing you.

The Board does not assign or provide attorneys for you, but will be able to refer you for assistance. For further information, please contact the Board's Victim Counseling Service at 201-648-2535.

For frequently asked questions about hearings, see Hearing Guidelines.

RIGHT TO APPEAL:

If, after the hearing, you are not in agreement with the Board's determination, you can appeal the decision directly to the Appellate Division of the Superior Court within forty-five (45) days from the date the Board's order is received.

For further information regarding the procedure for filing an appeal, you may contact the Appellate Division at 609-292-4822.