Statutory compensation pursuant to the Victims Compensation Act

doctype:Compensation for victims

Persons affected by a violent act are often entitled to compensation – even without a court judgment. Compensation is governed by the Victims Compensation Act.

General civil proceedings - claims of the offender

A criminal offence often has permanent negative effects for the lives of those affected and their families. What many people do not know: If they have suffered damage to their health or lost a close relative, they can claim compensation payments. These claims are governed by the Victims Compensation Act (Opferentschädigungsgesetz, OEG)

Benefits

Benefits under the Victims Compensation Act include, in particular:

  • medical treatment, long-term care
  • aids (e.g. prostheses, dental prostheses, wheelchairs)
  • compensation paid to victims and surviving family members
  • funeral costs and death benefits
  • Other welfare benefits in the event of financial need (e.g. long-term care benefit, subsistence allowance)


Requirements

Only those who have suffered health damage as a result of violent acts, or as a result of defending themselves against such acts, are entitled to victim compensation. Another general requirement is that the offence was committed in the Federal Republic of Germany, or on board a German ship or German aircraft. Foreign nationals who have become victims of a violent act in Germany may also be entitled to benefits under the Victims Compensation Act. Victims can receive benefits even if the offender has not been convicted

Important: Criminal complaints and requests for criminal prosecution
In order to have a claim for compensation, those affected must do all they can to help resolve the case. It is therefore advisable to file a criminal complaint with the police or public prosecutor’s office as soon as possible, unless investigations have already been initiated. There is no time limit for filing an application for compensation. However, benefits are only paid from the date when the application is filed. You should therefore file the application for victim compensation as soon as possible with the Land Pension Office that is responsible for your place of residence.


Damage which cannot be compensated under the Victim Compensation Act
No compensation is paid for damage to property or financial loss. Furthermore, the Victim Compensation Act does not provide compensation for pain and suffering. Nor are benefits granted to injured persons who have caused the damage themselves or who have not done their best to help solve the case.


Support in cases of criminal offences abroad
Victims may also be entitled to compensation under the Victim Compensation Act if the violent act was committed abroad.
In such cases, victims are entitled to medical treatment and medical rehabilitation. Victims and bereaved family members may also be entitled to lump sum payments, the amount of which depends on the so-called degree of injury.

Victims of criminal offences committed abroad can also try to get help from the State in which the injury occurred. If that state is a Member State of the EU, they can file their application for foreign compensation payments with the help of the German assisting authority. You can find more information on your rights in cases of criminal offences committed abroad here.

The website of the Federal Ministry of Labour and Social Affairs provides further information on the German victim compensation law.

If you have specific questions about the Victims Compensation Act, please contact the nearest branch of the Land Pension Office.


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