Foilsiú
50876 (27 June 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: #50876
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: Award of €3,031.47
[ ] (“the Applicant”) of [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant claims that he was attending a festival [ ] on the evening of the [ ] and having left the bar of a hotel, he was assaulted in an unprovoked attack. The Applicant claims that his face was struck with a broken glass by his assailant, that he was punched and ended upon on the ground. The Applicant states that as a result of this incident and the injuries arising therefrom, he has been left with a deep laceration to his nose and upper lip.
As a Garda was in attendance during the festival, the matter was reported immediately to him and the Garda himself attended to the Applicant and brought him to a doctor, whereupon the Applicant was taken [ ] and brought by ambulance to A & E at [ ]. The Applicant remained in hospital until the [ ] and returned later to have the stitches which had been applied to his face removed.
The Applicant submitted an application to the Tribunal on the [ ]. In the letter attached to this application, the Applicant’s legal advisors, [ ], [ ] indicated that as the Applicant was due to go travelling for up to a year, that all correspondence in relation to the application should be directed to their office.
The Applicant has submitted VHI receipts which prove his admittance to hospital on the dates as stated and the medical treatment for the injuries as claimed. It appears from this documentation however that the VHI fully covered these medical expenses and no further medical or out of pocket expenses as claimed have been vouched.
At the time of the attack the Applicant was working as an [ ] for [ ]. The Applicant has submitted his pay slips for the weeks preceding the assault upon him and these indicate that the Applicant was paid the net sum of €645 per week.
The Applicant was off work for a number of weeks following the assault. The Tribunal is in receipt of two letters from the Department of Social and Family Affairs; the first confirming that the Applicant was in receipt of Illness Benefit for seven weeks, from the [ ] to [ ] and received the total sum of €1,483.53; the second letter confirms that the Applicant was in receipt of Jobseekers Allowance for the period [ ] to [ ] and received the total sum of €3,527.00.. The Applicant’s file does not account for the intervening period, that is, from [ ] and [ ].
The Tribunal therefore considers that the Applicant is entitled to the shortfall in his loss of earnings for the time he was in receipt of Illness Benefit, that is €645 x 7 = €4,515 less €1,483.53 = €3,031.47.
The Tribunal awards the Applicant the sum of €3,031.47 as compensation for loss of earnings arising as a result of the unprovoked attack upon him on the [ ] and wishes the Applicant well into the future.
Nora Pat Stewart
27 June 2022