Foilsiú
51478 (12 August 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: 51478
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 of the Scheme.
1. The Applicant, [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on the [ ], the Applicant stated that he was assaulted at [ ] nightclub, [ ], by an unknown person. He said he received a gash to his right eyebrow, a contusion to his chin and a contusion to his left ear.
3. There is a Garda report on file dated the [ ], which states that the Applicant was dancing on the floor of the nightclub when he was bumped into by a man. That man turned around and struck the Applicant a single blow in the face. A summons issued for assault against the said man. No compensation was paid.
4. There is a medical report on file dated the [ ]. It states that the Applicant works from a home office, and this was not affected by his injury. Furthermore, the Applicant returned to his work as [ ] two weeks after the incident. He returned to the gym six weeks after the incident. The Applicant did not leave the house during the initial days after the incident and he did not socialize for one month after.
5. The Applicant has not submitted any out-of-pocket expenses.
6. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
7. The application was made almost five months after incident.
8. Paragraph 21 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’.
9. It is noted that the Applicant at paragraph 2(f) of his application states that the reason for his delay in submitting the application was because he only received his statement from the Gardaí despite having written on three separate occasions seeking a copy of it. The Tribunal notes that not having a statement from the Gardaí is not a valid reason to prevent someone from making an application. Such a statement is not necessary for making an application.
10. Having weighed and evaluated all the evidence before it, he Tribunal finds that there are no circumstances outlined by the Applicant such that would justify exceptional treatment to extend the time. He was able to work from home after the accident and he returned to [ ] work two weeks later. There is nothing to suggest that he could not have submitted his application within the required time-limit. The Applicant’s claim must, therefore, fall at this juncture.
11. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the three-month time-period.
Majella Twomey
Criminal Injuries Compensation Tribunal
12 August 2022