Publication
52175 (25 January 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: 52175
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). on the [ ] in respect of an incident that occurred on the [ ].
2. The Applicant detailed that an incident happened on the [ ] at [ ].
3. He states that he was assaulted by a [ ]. His injuries comprised having his two front teeth knocked out and another top one damaged which will have to be removed. He had work undertaken with his dentist.
4. He describes having had a temporary plate but needs implants and possible root canal treatment. He estimates the dental total cost to be €6,000 or more.
5. An Garda Siochana reported that on the [ ] (not the [ ]) an incident happened at 1.30am at the [ ]. In that incident the Applicant alleges that he was assaulted by an unknown party in the toilet of the [ ] Night Club. It is stated that proceedings have not commenced and that An Garda Siochana were not aware as to whether any compensation had been paid by the offender. The Applicant alleges that he was assaulted by a [ ] and An Garda Siochana identified the potential offender as [ ].
6. The Applicant was written to on the [ ] acknowledging receipt of his application and advising that the Tribunal would write to the Gardai for a report into the incident.
7. He was further written to in the following terms: “when your injuries have stabilised and you are no longer considered to be unfit for work please arrange to have the following documentation forwarded to the Tribunal; original receipts in respect of payments that you had to make as a result of your injuries, for instance hospital receipts, doctor’s receipts, dental receipts, prescription receipts.
A copy of your Form P60 for the year preceding the incident, if you are claiming for loss of income.
A statement from the Department of Social Protection showing the number of weeks during which benefit was paid as a result of your injuries.”
8. The Applicant was written to on the [ ]. The terms of the letter were as follows: “I refer to your application to the Tribunal a copy of our previous correspondence to you for ease of reference.
Please say if you propose to pursue this application to the Tribunal and if so please furnish all documents you wish the Tribunal member to consider by [ ]. Your application will be forwarded to a Tribunal member for a decision with documents that are already on file thereafter.”
9. No response has been received to that.
10. It is noted that the Applicant did request a copy of his file previously.
11. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 (€63.50) should be awarded”.
12. The Applicant in his application form has claimed he suffered injuries. No medical report has been furnished to establish same . No receipts or even indeed estimates have been furnished by the Applicant in respect of the sums which he has claimed.
13. It is impossible as a matter of probability for the Tribunal to determine that he has incurred expenses in excess of €63.50 and accordingly the application is refused under Article 9 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
25 January 2023