Foilsiú
51258 (28 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.
File number - 51258
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Solicitor: [ ]
On the [ ] whilst working in her shop the Applicant was assaulted in the course of a burglary during which she sustained a blow with a knife to the left arm. The Applicant submitted a doctor’s report indicating that since the incident she has been extremely anxious and nervous about working and as a result of the stress arising out of the incident has developed eczema on her hands. She was commenced on antidepressants and sleeping tablets as a result of the incident and no longer feels comfortable to stay in the shop on her own. She is always very nervous in her house and she is afraid the burglar will call and assault her again.
The Applicant submitted that after the incident she was so traumatised that she was not in a position to attend with the solicitor and for long periods of time she was afraid to leave her house. The Applicant submitted that she only contacted her solicitor in [ ] and he advised her that she could make a claim to the Tribunal. The Applicant submitted that she sustained special damages of €200.42 in her application form. However, receipts were received in the sum of €227.15.
Article 21 of the Scheme provides that applications should be made as soon as possible but not later than three months after the event giving rise to the injury. The Tribunal considers that the incident outlined by the Applicant is sufficiently serious to have triggered a severe bout of anxiety as reported by the Applicant’s GP amounted to exceptional circumstances so as to extend the time limit. In the circumstances the Tribunal accepts the application into the Scheme.
The Applicant commenced seeing a counsellor recommended by her doctor, Dr [ ], after the incident. It was submitted that she would require counselling for a period of time. The Applicant also submitted that she was absent from work for ten days. By letter dated the [ ] the Tribunal wrote to the Applicant and requested any original receipts and vouching documentation in respect of the Applicant’s claim and informed the Applicant that the file would be sent to a member for a decision on the [ ] if no response was received to the letter. The Applicant did not respond to the Tribunal’s correspondence. In the circumstances the Tribunal makes an award for special damages in the sum of €227.15 together with €1,000 in respect of counselling costs. As the Applicant has not submitted any details in relation to loss of earnings and/or whether she was in receipt of any social welfare to offset any loss of earnings, no award is made in respect of loss of earnings as there is insufficient information available to the Tribunal. In the circumstances the Tribunal awards €1,227.15 in respect of the Applicant’s claim.
Dated: 28 July 2022
Signed: Mema Byrne BL