Foilsiú
50949 (3 October 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case Reference: 50949
Decision: Pursuant to Article 5 of the Scheme, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant and submitted to the Tribunal under cover of letter from his (then) legal representative dated [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was employed as [ ] by his employers [ ] who had been contracted to [ ] at the [ ]. On the night of [ ], the applicant [ ].
4. [ ] left the area and returned with a gun, and shot the applicant in the face. The applicant suffered injuries and was taken to [ ] Hospital for treatment. The applicant spent two days in hospital as an inpatient and thereafter received outpatient treatment.
5. The applicant stated that, at the time of his application, he had been unable to return to work, and suffered from depression and nervous stress. He also had facial scarring from the injury sustained.
6. The applicant further stated that he had received sickness benefit and occupational sickness benefit from the Department of Social Welfare.
7. The applicant claims compensation for loss of earnings, taxi fares and medical report fees. At the time of his application the applicant had commenced civil proceedings.
8. The applicant did not submit any receipts or other vouching documentation with respect to his out-of-pocket expenses arising from this incident.
9. The Tribunal has had the benefit of a Garda Report dated [ ] which confirms the circumstances of the injury as provided by the applicant in his application form. The Garda Report states that the applicant was shot by [ ] in the head. The applicant received one gun shot wound which entered his top lip and existed through his neck. The injuries were not life threatening and the applicant was discharged from [ ] hospital after two days.
10. The Report states that on [ ], [ ] pleaded guilty to a number of offences including Section 15(a) of the Firearms Act for which he was sentenced to [ ] years' imprisonment.
11. On [ ], the applicant’s solicitor wrote to the Tribunal enclosing a booklet of invoices and social welfare documents, and details of the settlement reached in High Court personal injury proceedings brought by the applicant against his employers and the [ ].
12. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative seeking original receipts for the expenses claimed from the Tribunal and details of the settlement which was reached in the High Court.
13. After continued corresponsence between the Secretariat of the Tribunal and the applicant’s solicitor, On [ ], the applicant’s legal representative informed the Tribunal that the applicant had received a settlement amount against the defendant companies of €[ ] as an all-in figure. Further, the applicant’s solicitor informed the Tribunal that the expenses enclosed with the application were not part of the settlement.
14. These expenses amount to:
a. Dr [ ], consultant psychiatrist (€350) for examination and report;
b. [ ], craniofacial, plastic and reconstructive surgery (€450) for medico legal report;
c. [ ] medical centre (€350) for medical report;
d. [ ] (€500) for a report;
e. [ ] careers (€713.40) occupational assessment;
f. [ ] Clinic (€650) for examination and report;
g. Dr [ ] (€350) for report.
15. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
16. On [ ], the applicant wrote to the Secretariat of the Tribunal informing the Tribunal that he had taken over the management of his application from his solicitor and requested a copy of his file. This was sent to him electronically on [ ].
17. On [ ], the applicant emailed the Secretariat of the Tribunal to say that he was happy for his file to be sent to a Member of the Tribunal for determination on the basis of the documents on file.
18. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly, and that the applicant’s assailant was charged and convicted of the assault on the applicant.
19. Paragraph 21 of the scheme which was in place at the time of the application states: "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 the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
20. In his application, the applicant stated that he was injured [ ], requiring him to make an application to the Tribunal before [ ]. However, the applicant’s legal representative did not submit his application until [ ], almost two months past the required deadline.
21. Having regard to the Garda Report and the nature and circumstances of the injury, I accept that, at the time of his application, a Garda enquiry was still ongoing. I am also satisfied that the application form was received by the Tribunal shortly outside of the time limit. I find that this amount to circumstances which warrant the granting of exceptional treatment in this case, and so the applicant’s claim is admitted for determination despite being outside of the required three-month time limit.
22. Article 5 of the Scheme provides: “If the injury is inflicted in the circumstances set out in the Scheme and any person would be entitled to claim compensation (whether statutory or non- statutory) otherwise than under the Scheme for the injury, he will not be prohibited from also claiming compensation under the Scheme but the Tribunal will decide the claim on the basis that no payment under the Scheme should result in compensation being duplicated and may accordingly decide either to make no award or to make a reduced award and may, moreover, decide that an award will be subject to conditions as to its repayment in whole or in part in the event of compensation being subsequently received from another source.” [emphasis added]
23. By letter to the Tribunal dated [ ], the applicant’s (then) solicitor confirmed that the applicant’s High Court personal injuries action against [ ] and [ ] had been settled on an “all-in” basis for €[ ]. This includes compensation for a number of vouched expenses which were claimed as special damages against the defendant companies for the injuries sustained by the applicant on [ ].
24. The applicant’s solicitor stated that the settlement terms did not cover additional expenses which were claimed for compensation under the Scheme. These are for medico-legal and other medical reports, as set out earlier in this decision. However, as none of these reports are before the Tribunal, no award of compensation for the procurement of these reports can be made.
25. The Tribunal is required to apply the terms of the Scheme, including the requirement that a decision must be made on the basis of the documents before the Tribunal.
26. There are no other vouched expenses before the Tribunal, which had not previously been the subject matter of the High Court settlement, upon which an award of compensation can be made.
27. Therefore applying Article 5 of the Scheme, I find that the applicant has already successfully obtained compensation for his injuries, and therefore make no award.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
3 October 2022