54875 (21 December 2023)

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: 54875

Date of incident: [ ]

Date of application: [ ]

Decision outcome: €30,433.84

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

2. On the [ ], the applicant sustained injuries to her [ ] thumb and wrist while intervening to stop her [ ], [ ] (“the offender”) from assaulting their [ ]. The offender had lost [ ] when the applicant intervened. The offender also damaged [ ] laptop which was valued at €1,500.

3. The matter was investigated by [ ] Garda Station. The offender was prosecuted for assault and also for causing criminal damage. The Tribunal understands that he was ordered to pay €1,500 in relation to the criminal damage charge for breaking [ ] computer (accordingly, paragraph 15 of the Scheme does not apply and this payment will not be deducted from the compensation awarded to the applicant).

4. The applicant sustained a fractured thumb and [ ] hand. She also sustained damage to the ligaments, tendons and nerves in her [ ] hand.

5. The applicant received treatment from [ ] Hospital in [ ] and from her GP. She also attended for private physiotherapy treatment.

6. The applicant also sustained psychological injuries. She experienced flashbacks and nightmares. She attended counselling.

7. The applicant alleges that she was unable to work and sustained a net loss of earnings in [ ] (minus social welfare payments received) of €16,646.02.

8. In [ ], the Tribunal calculates (minus sick pay and social welfare received) that she sustained a loss of earnings of €958.88 in [ ], €1,322.47 in [ ], €1,322.47 in [ ], and €9,759 - (Wages of €3,297.85 x 4 = €13,191.40) – (Social Welfare of €286 x 12 = €3,432) - for the remainder of [ ]. The total loss of earnings for [ ] is €13,362.82.

9. She has provided a letter from her employer to vouch her previous and current earnings. Her hours of work have been reduced [ ] for [ ] since [ ].

10. The applicant also has provided a receipt from [ ] in relation to a fee for an MRI scan in the sum of €225 and physiotherapy vouchers of €150.

11. The applicant also is claiming for travelling fees incurred in attending medical and physiotherapy treatment.

12. This application was submitted to the Tribunal almost six months after the date of the incident. Paragraph 20 of the Scheme 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”. The applicant advised the Tribunal that the delay arose because she was unaware of the Scheme. The applicant also advised the Tribunal that she suffered severe psychiatric symptoms in the form of flashbacks and nightmares. Her [ ] also required her attention after the terrible ordeal that he suffered. It is noted that [ ] was diagnosed with [ ]. The Tribunal finds that the forgoing hindered the applicant making the application within the stipulated three month deadline. Accordingly, the Tribunal finds that applicant was unable to make the applicant any sooner than she did, even had she been aware of the Scheme. The forgoing circumstances justify exceptional treatment and the Tribunal admits this application to the Scheme for consideration.

13. The Tribunal has no doubt that the applicant was the victim of a vicious assault while trying to defend [ ]. The Tribunal also has no doubt that the applicant sustained severe physical and psychological symptoms which continue to endure. Unfortunately, it is not within the remit of the Tribunal to award compensation to the applicant for pain and suffering. If the Tribunal had the power to award such damages, the applicant would be a most and wholly deserving candidate.

14. However, the Tribunal has the power to make an award for vouched out of pocket expenses. In this regard, the Tribunal makes an award for €30,008.84 in respect of lost earnings, €225 in respect of the MRI scan, €150 in respect of vouched physiotherapy expenses €50 in respect of travelling expenses. The total award to the applicant is €30,433.84.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

21 December 2023