Foilsiú
50673 (27 May 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: 50673
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant alleges that he was the victim of an unprovoked assault by [ ] (“offender”) in [ ] in [ ].
3. The applicant allegedly sustained a blow to the back in the head which resulted in him requiring treatment for a [ ] in [ ]. He received inpatient treatment for a period of 9 days.
4. The applicant advises that the incident was reported to [ ] Garda Station. It is unknown if the Gardai ever found or charged the perpetrators.
5. The applicant was unable to work for 3 months. He allegedly incurred a loss of earnings of [ ] per month. He also incurred significant medical expenses, some of which were incurred by his health insurers, who are seeking reimbursement of any such sums.
6. The applicant advised the Tribunal that he was contemplating civil proceedings. It is unknown if the applicant actually pursued a civil case or received compensation from any party or entity regarding this incident. If the applicant was successful with his civil proceedings, the Tribunal should have been immediately advised of this, together with immediate confirmation on whether he intended to continue with his claim under the Scheme.
7. The Tribunal wrote to the applicant’s solicitor on the [ ] and requested a response to its letter of the [ ]. The Tribunal advised the applicant that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to this correspondence.
8. Paragraph 11 of the (pre-April 2021) Scheme states that “No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed, an update on the position of any civil proceedings and all relevant information requested, to enable the Tribunal to sufficiently conclude the claim.
9. This application is late. It was received to the Tribunal over four months after the incident. Paragraph 21 (of the pre-2021 Scheme) 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”.
10. The Tribunal finds that the applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply. For this reason, the Tribunal dismisses this application.
11. In circumstances where the application has been dismissed for contravening paragraph 11, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might also apply to this matter or make any determination on the assessment of out-of-pocket expenses.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
27 May 2022