Foilsiú
53791 (20 April 2023)
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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 53791
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 where he was punched by another male, fell to the ground and sustained a head injury.
The Applicant sustained a serious head trauma resulting in bruising to the brain and fracture of the skull. He was initially taken to [ ] Hospital and subsequently came under the care of the neurosurgical team at [ ] Hospital. The Applicant underwent right-sided craniectomy and evacuation of an acute subdural haematoma. He was later reviewed by the rehabilitation team from the [ ] Hospital in [ ] and elected to undergo rehabilitation locally in [ ]. Subsequently, the Applicant underwent cranioplasty to reconstruct his skull defect on the [ ].
The incident in this case was initially reported by telephone to An Garda Siochana shortly after it occurred on the [ ]. The Applicant later made a formal statement of complaint. The matter was investigated by Sgt. [ ] of [ ] Garda Station. The offender was prosecuted on indictment at [ ] Court. The Applicant received no payment of compensation in the matter at any time.
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 substantially late. However, this Member of the Tribunal notes the contents of the medical report submitted from Mr. [ ], Consultant Neurosurgeon, and the significant brain injury sustained by the Applicant in this case. A broad test must be applied and this Member determines that the circumstances of this case are such to justify exceptional treatment. The application is eligible under Paragraph 21 on this basis.
The Applicant states that he was a [ ] at the time of the incident, however no particulars or confirmation of any loss of earnings claim has been submitted.
The Applicant had the benefit of a medical card at the material time.
No other items of out-of-pocket expense incurred by the Applicant have been identified or vouched at any time.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ] when he suffered personal injury.
This Tribunal Member notes that no out-of-pocket expenses have been identified and no receipts for any loss or expense have 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: 20 April 2023
Cathal Lombard, Tribunal Member