Publication
53184 (11 May 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 53184
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was subjected to an assault in the course of his work as [ ] and sustained personal injury.
The Applicant suffered a head injury including a laceration to the forehead when he was struck by a vase thrown at him. He was treated at the Emergency Department of [ ] and subsequently attended with his G.P. The Applicant was left with a scar on his forehead. He was traumatised by the incident and felt unable to continue his work at [ ].
The incident in this case was reported by a co-worker to An Garda Siochana shortly after it occurred. The Applicant later made a formal statement of complaint. The matter was being investigated by Garda [ ] at [ ] Garda Station. A criminal prosecution for a Section 3 Assault Causing Harm offence was pending at the time of the application.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states that “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”. In this case, the application was received on the [ ] and was received outside the specified time. However, this Tribunal Member notes the traumatic nature of the assault on the Applicant. He states that he was very unwell in the aftermath, particularly emotionally. He was unable to take legal advice until [ ] and at that time was advised of his entitlements to pursue an application under the scheme. The application was received substantially within three months of that date. This Tribunal Member determines that the circumstances as a whole in this application are such as to justify exceptional treatment.
The Applicant was employed as a [ ] by [ ] at the time of the incident and was earning €410 per week. He was unable to return to his work following the assault and, in fact, resigned his position as he felt he could not return.
The applicant states that he did not have a medical card, however his medical and hospital expenses were discharged by his employer. No other items of out-of-pocket expense incurred by the Applicant have been identified or vouched at any time.
By letter dated [ ], the Applicant’s Solicitors wrote to the Tribunal advising that the matter had been resolved with the insurers of the Applicant’s employer. By letter dated [ ] the Tribunal wrote to the Applicant enquiring whether he wished to pursue his claim further in the circumstances. No response was received.
The Applicant was the victim of a crime of violence which occurred on the [ ] at the [ ]. The Applicant was subjected to an assault in the course of his work as [ ] at [ ] and sustained personal injury.
The Tribunal notes that the Applicant pursued a civil claim in respect of the matter, whereby his claim was resolved in full with the insurers of his employer. No particulars of any additional or further claim have been submitted and the Applicant’s Solicitors described the matter as resolved.
In the circumstances, the Tribunal makes no award.
Date: 11 May 2023
Cathal Lombard, Tribunal Member