53208 (30 March 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

(1) The Scheme in being at the time of the application.

Name of applicant: [ ]

Application number: #53208

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award

[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

The Applicant claims that he was assaulted on the [ ] on [ ] as a result of which he suffered facial and chest injuries. The Applicant’s claim is that he was working as [ ] who grabbed him and punched him in the head. The Applicant claims that he had to attend [ ] Hospital as well as his GP for treatment for his injuries, that his glasses were broken in the attack that he was absent from work from [ ] until [ ] in order to recover.

The Applicant reported the assault to the Gardaí the day after the incident.

The Applicant has made a claim for his out-of-pocket expenses including travel and prescription medication and for loss of earnings.

On [ ] the Tribunal acknowledged receipt of this application and requested further information from the Applicant in order to process and consider his claim.

On [ ] the Tribunal received documentation from the Applicant including inter alia a pharmacy print-out of dispensed prescription medication, medical sick certificates from the Applicant’s GP in respect of the time he was absent from work following the assault, and the Applicant’s P60 for [ ].

On [ ] the Tribunal wrote to the Applicant seeking further information, including information on any social welfare benefits he may have had claimed during his time off from work. The Applicant did not respond.

As the Tribunal did not hear from the Applicant again, it wrote most recently to him and enquired as to whether he still wished to pursue his claim, and if so to inform the Tribunal as such by [ ]. The Applicant did not respond.

Paragraph 11 of the Scheme states:

“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”

Also, pursuant to paragraph 26 of the Scheme, it is for an applicant to establish their claim.

As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance, as required by paragraph 11 of the Scheme, so that it can consider his application, the Tribunal is of the opinion that the Applicant has not established his claim, as required pursuant to paragraph 26 of the Scheme. Accordingly, no compensation can be paid, and no further consideration of this application is required.

No award

Nora Pat Stewart

30 March 2023