50395 (13 May 2022)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 50395

Date of incident: [ ]

Date received: [ ]

Decision: No award

1. The applicant, in his application form, gives an account of his [ ] being hijacked on a trip to the [ ] on [ ]. The applicant reported the matter to the gardai The applicant states that he sustained neck strain, wrist and thumb injuries and post traumatic stress symptoms from the incident. He attended his GP and was prescribed medication. The applicant had no loss of earnings arising from the incident.

2. The application was received by the tribunal almost a year after the incident. Paragraph 21 of the Scheme states "applications should be made as soon as possible but, except in circumstances determined by the tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury."

3. The applicant sought advice from his Union in relation to the incident and the Union sought legal advice. On foot of that advice the applicant believed there was no operational Scheme in the Republic of Ireland. Copies of the legal advice received have been forwarded to the tribunal. Ultimately the applicant was informed of the Scheme and submitted the application.

4. In the circumstances I am satisfied that there are circumstances that justify exceptional treatment and I extend time.

5. The applicant did not have any loss of earnings as a result of the incident. According to the applicant's letter dated [ ] the only expenses incurred by him were medication expenses and no receipts have been submitted in respect of these.

6. Paragraphs 6, 7 and 8 of the Scheme set out the nature and extent of compensation payable under the Scheme. There is no compensation for pain and suffering under the Scheme.

7. The applicant has not submitted any receipts in connection with the incident that occurred on [ ] and he had no loss of earnings. Therefore I make no award in this matter.

Signed: Elizabeth Davey

Date: 13 May 2022