Publication
50053 (13 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case reference: 50053
Decision: Tribunal awards the applicant €411.68
1. By way of application form received by the Tribunal on [ ], the applicant stated that he was the victim of an unprovoked assault at [ ] by an unknown man.
2. The applicant stated that he was walking on [ ] to enter the house of a friend who was in hospital and who had asked the applicant to look after it. The applicant was confronted by an unknown man, who threatened him with violence and who punched the applicant around 6 times . The applicant was punched to the ear, chin and temple by this man. The applicant fell against the wall of the house but was continued to be punched by the man..
3. The applicant stated that the man went into a neighbouring house and neighbour from another house came out to ask the applicant if he was OK. The man stated he had witnessed the attack. The applicant phoned Gardai and two members arrived soon after.
4. The applicant gave statement at [ ] Garda Station on [ ].
5. After the assault, the applicant attended [ ]. Hospital where he complained of having a thick lip, injury to the ear, swelling behind the ear, bruising to the temple and a lump on the back of his head. He also suffered a cut elbow
6. As a result of his injuries, the applicant was absent from work for the period [ ]. He returned to work on [ ]. As a result, the applicant claims compensation for loss of earnings amounting to €356.68, being lost earnings for the four days out of work.
7. Further, the applicant claims €55.00 compensation for expenses incurred by attending the accident and emergency department of [ ] Hospital.
8. In support of his application, the applicant submitted an original pay slip and statement from his employer and an original receipt from [ ] Hospital. In a letter to the Tribunal dated [ ], the applicant stated that this was the totality of his claim for compensation.
9. On [ ] and [ ], the secretariat of the Tribunal wrote to the superintendent of [ ] Garda Station seeking particulars of the assault which gave rise to the applicant’s injuries. On [ ], Garda [ ] of [ ] Garda Station reported that criminal proceedings had commenced against the applicant’s assailant, but no hearing date had been assigned.
10. On [ ], the secretariat of the Tribunal wrote to the applicant asking if he still intended to pursue his case, and, if so, to provide any further vouching documentation to the Tribunal. In absence of same by [ ], the applicant’s file would be sent to a member of the Tribunal for a decision.
11. No response was received to this letter.
12. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form, marked as received by the Tribunal on [ ];
b. Correspondence between the secretariat of the Tribunal and [ ] Garda Station;
c. Letter from applicant to secretary of the Tribunal confirming extent of his application and enclosing:
i. Receipt from [ ] Hospital for €55.00
ii. Original sample payslip for period [ ]
iii. Letter from employer dated [ ]
d. Letter from the Tribunal to applicant dated [ ] seeking any further original vouching documentation relating to out-of-pocket expenses.
13. While the Garda Report to the Tribunal does not indicate the outcome of the anticipated case against the applicant’s assailant, I am satisfied that the applicant was injured during a crime of violence which took place in [ ] on [ ], and as a result of injuries sustained, he incurred expenses amounting to €411.68, comprising of loss of earnings and hospital expenses. I am satisfied that these expenses are properly vouched.
14. I am satisfied that the applicant made his application to the Tribunal within the requisite time-period, and that the applicant reported the matter promptly to An Garda Siochana.
15. I therefore determine that the applicant should be awarded compensation of €411.68.
Peter Stafford BL
13 May 2022