Publication
55100 (30 November 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: #55100
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Awarded €2,780
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, signed and dated [ ], the Applicant says that he was attacked on his way to [ ]: He suffered significant injuries to his right hand. He was also injured in the back, he says.
3. A report from Garda [ ] dated [ ] outlines that this robbery was reported by the Applicant on the day outlining that he was approached by a male on [ ] in [ ], and that he was struck in the hand [ ]: The culprit for the offence was not identified.
4. The Scheme provides at paragraph 1 that it applies to situations where “the injury is directly attributable to a crime of violence…”
5. I am satisfied that the applicant has established, on the balance of probabilities, that the deceased was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. Further, the application was made within three months, as required, and there is no indication that any provision of the Scheme disentitles the applicant to the Scheme.
6. The Applicant submitted medical documentation that shows he required ongoing physical and psychological treatment because of the injury. He had 11 physiotherapy sessions, and two consultations with a psychologist. He was operated on on [ ], and was unfit for work for 6 weeks or further notice. A report dated [ ] from [ ], Consultant Plastic Surgeon in the [ ] Hospital indicates that he had a repair of his middle right finger laceration, and his wounds had all healed by that time and that he had a good outcome in relation to range of motion and pain. He still had some sensitivity in the tip of his right middle finger which was stated to be normal in these types of injuries, and he was discharged.
7. The Applicant set out in detail his loss of earnings and his welfare benefits, together with estimates for travel costs and parking costs necessitated by his medical treatments, totaling €2,641 in lost income and €139 in travel costs for his various appointments. The Applicant has been meticulous in the provision of all relevant documents including payslips and appointment details to corroborate all amount claimed. I accept all of these out of pocket expenses.
8. The Applicant was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme. I award the Applicant €2,780, being €2,641 in lost income and €139 in travel costs.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
30 November 2023