Publication
53713 (18 April 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: 53713
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 and sustained personal injury.
The Applicant states that he sustained a severed tendon in his left forearm requiring two surgeries. He came under the care of Ms. [ ] at [ ] Hospital and also attended with his G.P. He attended for Physiotherapy and also attended the Occupational Therapy Department at [ ].
The incident in this case was reported by the Applicant to An Garda Siochana on the [ ]. The Applicant later made a formal statement of complaint. The matter was investigated by Sgt. [ ] at [ ] Garda Station. No criminal proceedings had been taken at the time of the application. The Applicant did receive any payment of compensation.
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 within the time period.
The Applicant was a [ ] of [ ] at the time of the incident. He was absent from work between the [ ] and [ ], however no confirmation of any loss of earnings claim has been forthcoming.
The application discloses a claim for medical expenses incurred. Copies of certain invoices were submitted and it appears that some or all of the medical expenses were met by [ ]. The Tribunal wrote to the Applicant on the [ ] requesting that original receipts for any out-of-pocket expenses for payments that the Applicant made be submitted. No receipts have been received at any time since.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ] when he sustained personal injury.
The onus of proof in relation to any claim made lies with the Applicant. In this case, whilst it is clear that certain medical expenses arose, it is also clear that the Applicant was a member of [ ] and that some or all of the medical expenses incurred were discharged under that insurance. This Tribunal Member notes that no original receipts for actual payments made personally by the Applicant been submitted at any time. Furthermore, there is no loss of earnings claim made out. The Tribunal has no power to award general damages for injuries sustained.
In the circumstances, the Tribunal makes no award.
Date: 18 April 2023
Cathal Lombard, Tribunal Member