Foilsiú
53641 (13 July 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 an Appeals Panel
Name of applicant: [ ]
Application number: 53641
Date of incident: [ ]
Date of application: [ ]
Date of appeal notice: [ ]
Hearing date: [ ]
Tribunal members:
In attendance: [ ]
Decision outcome: The application is refused, pursuant to Paragraph 21 and Paragraph 15 of the Scheme.
1. [ ] (‘the applicant’), has made a claim for compensation from the Criminal Injuries Compensation Tribunal (‘the Tribunal’) under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application to the Tribunal, signed by the applicant on [ ] and marked as received by the Tribunal on [ ], the applicant stated that he had suffered an injury to his arm during a crime of violence in [ ] on [ ].
3. The applicant stated in his application form that he had been attacked on [ ] and had attended [ ] Hospital immediately afterwards for treatment for an injury to his left upper arm.. He further attended [ ] Hospital for treatment on [ ], including the insertion of metal screws into his upper arm.
4. In support of his application, the applicant submitted the medical records of the treatment received for his injury, as well as a letter from the Department of Social Protection dated [ ] setting out details of Disability Allowance payments received from [ ]. The applicant also submitted copies of three undated photographs of himself in hospital showing the injury to his arm.
5. A first-instance decision issued from the Tribunal on [ ]. The applicant appealed that decision, and an appeal panel was constituted to consider his application on a de novo basis. The appeal was heard over the Zoom video-conferencing platform on [ ], which the applicant attended.
6. The appeal panel carefully considered the applicant’s file which contains the following documents:
a. Application form received by the Tribunal on [ ];
b. [ ] Hospital, discharge summary and medical records;
c. Correspondence between Mr. [ ], consultant orthopaedic surgeon and the applicant’s GP, Dr. [ ];
d. Photographs of the applicant;
e. Letter to the applicant from Social Welfare Services Office dated [ ] regarding Disability Allowance payments;
f. Letter from Tribunal secretariat to Superintendent, [ ] Garda Station dated [ ];
g. Email correspondence between the applicant and the Tribunal secretariat regarding applicant’s social welfare receipts;
h. Correspondence between the applicant and the Tribunal secretariat regarding the submission of original vouching documentation and receipts.
7. The Tribunal has also had the benefit of the applicant’s oral evidence to the Tribunal appeal hearing. Arising from this, preliminary issues arise with respect to the applicant’s delay in making his application to the Tribunal, and the scope of compensation available to the applicant under the Scheme.
8. Paragraph 21 of the Scheme which was in place at the time of the applicant’s application to the Tribunal provides: “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.”
9. According to the applicant in his application form and in evidence to the Tribunal, the date of the incident which gave rise to his application was [ ], thus requiring the applicant to submit his application to the Tribunal before [ ]. The applicant’s application form was not received by the Tribunal until [ ], over one year outside the time period set out in the Scheme.
10. In his submissions to the Tribunal at his appeal hearing, the applicant accepted that his application was submitted to the Tribunal outside of the required time period.
11. Section 2(f) of the application form requires applicants to give reasons for any delay in submitting the application to the Tribunal. On his form, the applicant wrote “lost application form.” In his evidence before the Tribunal, the applicant stated that he was unaware of the Scheme until a friend of his from Church noted that the applicant was in plaster, and on hearing how the applicant had been injured, told the applicant about the Tribunal and the potential for claiming compensation.
12. The Tribunal therefore determines that the applicant was informed about the Tribunal immediately following his injury (while still in plaster) and received an application form from the Tribunal soon afterwards. However, there is no information before the Tribunal to explain why the applicant did not submit his application for compensation to the Tribunal until [ ].
13. The Tribunal has carefully considered the applicant’s submissions, but holds that there is no evidence before the Tribunal to suggest that the specific circumstances in the applicant’s case justify exceptional treatment. Therefore, applying Paragraph 21 of the Scheme, the applicant’s claim must be refused.
14. Paragraph 15 of the Scheme in place at the time of the applicant’s application to the Tribunal states: “Compensation will be reduced by the value of the entitlement of the victim or claimant to social welfare benefits payable as a result of the injury and will be reduced, to the extent determined by the Tribunal, in respect of the entitlement of the victim to receive, under his conditions of employment, wages or salary while on sick leave.”
15. The Tribunal may pay compensation for vouched out-of-pocket expenses incurred in respect of personal injury, where the injury is directly attributable to a crime of violence. The Tribunal cannot award general damages or any compensatory award for the injuries suffered.
16. In his evidence before the Tribunal, the applicant stated that at the time of the incident he was not in employment and was in receipt of Disability Allowance payments from the Department of Social Protection. The applicant also stated that all of his medical costs were covered by his Medical Card. The applicant has not submitted any vouched expenses or receipts relating to any out-of-pocket expenses incurred as a result of his injuries and which were not covered by social welfare benefits.
17. Therefore, applying Paragraph 15 of the Scheme, the applicant is not entitled to any compensation from the Tribunal.
Peter Stafford BL
Member, and chair of this division of appeals panel - Criminal Injuries Compensation Tribunal
13 July 2022