Foilsiú
23657 (3 October 2023)
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: 23657
Date of incident: [ ]
Date of application: [ ]
Decision outcome: An award of €1,914.90
1. Ms. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, received by the Tribunal on the [ ], the Applicant states that he suffered injuries by virtue of a criminal incident which occurred on the [ ]. Upon her application form and in the documentation submitted the Applicant describes an incident which occurred at the [ ] at approx. [ ] a.m. on the [ ]. This was the Applicant’s place of work where she worked as a [ ]. The Applicant’s describes being assaulted by a man of medium build who appeared to intentional trip the Applicant. As a result of the trip the Applicant fell heavily onto the tiles close to the counter area. The assailant was escorted off the premises by a security guard. The Applicant sustained injury to her lower back and was required to attend a physiotherapist and a neurosurgeon.
3. On the day of the assault the Applicant did not call An Garda Siochana as she was not aware of the extent of her injuries.
4. Firstly, it should be noted that the application form in this case was submitted slightly outside of the three-month period allowed for the making of such application. It is however noted upon the form that the Applicant contacted the Tribunal within the ninety-day period with a view to notifying the Tribunal of the making of this application.
5. It is also noted that the Applicant suffered injuries which transcended the [ ] period and accordingly I am satisfied that this application is eligible for consideration under the terms of the Scheme.
6. As noted above initially it was the case that the Applicant did not immediately notify An Garda Siochana as she was unaware of the extent of her injuries. However, it is noted thereafter the assault was reported to Garda [ ] of [ ] Garda Station.
7. The Applicant submitted his net loss of earnings in respect of the injuries sustained in the sum of €1,500 to €2,000 and expresses a concern as to the potential for future loss of earnings arising in her case.
8. A certificate has been received from the Department of Social Protection noting the Applicant between the [ ] and the [ ], received the sum of €1,511.80 in terms of injury benefit. This sum is deductible from the total award made.
9. In support of the Applicant’s claim for net loss of earnings, the Applicant’s employer has prepared a breakdown of the Applicant’s loss of earnings noting same in the sum of €1,326.78.
10. An invoice has also been received in respect of physiotherapy treatment in the sum of €55 dated the [ ], and a further invoice dated the [ ] in the sum of €55. A further invoice dated the [ ] in the sum of €55, a further invoice dated the [ ] in the sum of €55, a further invoice dated the [ ] in the sum of €55, a further invoiced dated the [ ] in the sum of €60, [ ] in the sum of €60, invoice dated the [ ] in the sum of €60, invoice dated the [ ] in the sum of €55, invoice dated the [ ] in the sum of €55, and invoice dated the [ ] in the sum of €55, invoice [ ] in the sum of €55, invoice dated the [ ] in the sum of €55, invoice dated the [ ] in the sum of €69, receipt dated the [ ] in the sum of €55, a receipt dated the [ ] in the sum of €55, a receipt dated the [ ] in the sum of €55, a receipt dated the [ ] in the sum of €55, a receipt dated the [ ] in the sum of €55, a receipt from Mr. [ ], Consultant Neurosurgeon dated [ ] in the sum of €130, a receipt dated the [ ] from Mr. [ ] in the sum of €80, a receipt from [ ] Hospital dated the [ ] in the sum of €361.88, a note from [ ] in the sum of €84. This is the totality of the out of the pocket expenditure noted on the Applicant’s file.
11. No further medical reports have been submitted with regard to the Applicant’s claim for further loss of earnings. Accordingly, at this remove the Tribunal note the sole amount claimed amounts to expenditure actually incurred as a result of this injury. Accordingly, the total award in this case is €1,729.88 plus loss of earnings of €1,326.78. From this sum funds received from the Department of Social Welfare are required to be deducted.
12. The total award in this case is €1,914.90.
Georgina Robinson
Criminal Injuries Compensation Tribunal
3 October 2023