Publication
52292 (24 October 2022)
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: 52292
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The applicant is awarded the sum of €300 under the Scheme.
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, received by the Secretariat on [ ], the applicant stated that he had suffered injuries in the early hours of [ ] when he was attacked after leaving the [ ] Bar in [ ]. He says that as a result of the assault he sustained a broken ankle and ribs. The Garda report is consistent with this account.
3. From the foregoing, I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
4. The incident was reported to the Gardaí on [ ], being a week after the incident (which had given injuries requiring surgery) thereby meeting the requirement of Para 22 of the Scheme that the matter be reported without delay. Further, the application was made within three months of the incident, meeting the requirements of Para 20 of the Scheme.
5. Accordingly, I admit the application for consideration under the Scheme.
6. The Tribunal may make awards of compensation for expenses that are incurred as a consequence of the injury sustained by a crime of violence. This might cover the cost of treatment or loss of earnings. However the Scheme does not allow the Tribunal to make any award for general pain and suffering caused by the injury: Para 6(e) of the Scheme.
7. The applicant submitted the following demands for payment for in-patient treatment in [ ] General Hospital between [ ] in the sum of €300. On [ ] the Tribunal Secretariat wrote to the applicant stating that when his injuries had settled he should furnish to the Tribunal any documents showing loss of earnings, and receipts in respect of expenditure required as a consequence of his injuries. There was no reply to this letter and a follow-up was sent on [ ], indicating that if no response was received by [ ] the file would be sent for decision. It appears that no response was received to this letter.
8. The only cost on file is €300, which was demanded from the applicant by the hospital for his inpatient treatment. This is a cost associated with the criminally sustained injury and as it was incurred before [ ] (when the updated Scheme put a de minimis floor of €500 for any claim) it is an allowable expense, and indeed the only expense claimed.
12. The Tribunal awards the sum of €300 in compensation for the criminally inflicted injuries sustained by the applicant on [ ].
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
24 October 2022