Publication
51919 (21 October 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 incident: [ ]
Date of application: [ ]
Case reference: 51919
Decision: The applicant is awarded compensation of €1,869.01.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant [ ] and stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was injured during a crime of violence which occurred at [ ] on [ ].
4. The applicant stated that, as a result of the incident he suffered a broken jaw in two places and broken teeth. The applicant was an inpatient at [ ] from [ ] to [ ] and thereafter received outpatient treatment. The applicant stated in his application form that he would require further dental treatment, and that he suffered pain when eating.
5. The applicant was absent from work for the period [ ] to [ ].
6. The applicant claims compensation under the following headings:
a. Medicine: €99.01
b. Special Food and Drinks €107.54
c. Dry Cleaning: €18
d. Hospital Parking: €20
7. The Tribunal has had the benefit of the statement made by the applicant at [ ] Garda Station on [ ]. The applicant stated that he and a friend had been drinking in pubs and a nightclub, and afterwards walked to a house party. While walking through a housing estate, the applicant and his friend were set upon by a group of youths who made verbal comments at the applicant. A physical altercation took place, and the applicant was set upon by this group. He was injured and attended A&E for treatment for his injuries to his face and mouth.
8. The Tribunal has had the benefit of a Garda Report dated [ ] which confirms the details of the altercation as provided by the applicant. A further report dated [ ] states that criminal proceedings were commenced against two individuals with respect to the injuries sustained by the applicant.
9. The Garda Report states that the cause of the incident was an altercation between the applicant and the barman. This Garda Report was sent to the applicant by the secretariat of the Tribunal.
10. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
11. No response to this letter is on file.
12. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form including receipts and letter from the applicant’s employer;
b. Copy of Garda Statement dated [ ];
c. Garda Report dated [ ] and update dated [ ];
d. Acknowledgement letter from Secretariat of the Tribunal to the applicant;
e. Letter from Secretariat of the Tribunal dated [ ] to the applicant asking the applicant to submit outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, his file would be sent to a Member of the Tribunal for determination.
13. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
14. In support of his application, the applicant submitted a number of receipts for out of pocket expenses which were directly attributable to the injuries he received as a result of the crime of violence.
a. [ ] Hospital: €100
b. [ ] Hospital: €300
c. Prescription Claim: €19.12
d. Prescription Claim: €22.44
e. Pharmacy receipt: €57.45
f. Car Parking, [ ] Hospital: €20
15. The Scheme does not cover compensation for damage to property, and therefore no award of compensation will be made with respect to his dry cleaning costs. With respect to his loss of earnings, the Tribunal has had benefit of a letter from his employers setting out the applicant’s rate of pay. The letter notes that the applicant received two weeks forced holiday pay during his period of absence from work.
16. The applicant was absent from work for seven weeks. The applicant was paid €270 per week. I therefore determine that the applicant was unpaid for five weeks, and therefore has suffered a loss of income amounting to €1,350.
17. I therefore award the applicant the sum of €1,869.01.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
21 October 2022