Foilsiú
50330 (13 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case reference: 50330
Decision: Pursuant to Paragraphs 11 and 15 of the Scheme, the application is refused.
1. By way of application form completed by the applicant, the applicant claims compensation for incidents which occurred on [ ][sic] when the applicant was walking on [ ] to visit a friend when he was attacked and robbed by four men. The application form was signed by the applicant on [ ] and marked as received by the Tribunal the following day.
2. In his application form, the applicant stated that he was attacked by [ ] and three other men. They held the applicant down and [ ]. The applicant was robbed of [ ].
3. The applicant was brought to [ ] Hospital where he was kept in for 5-6 days. The applicant received 12 stitches on his lip and five across his cheek. The applicant suffered a fractured eye socket and concussion and bruising, and a sprained ankle and broken nose. The applicant stated that he attended his GP following this injury.
4. The applicant reported this assault and robbery to [ ] Garda Station.
5. The applicant claims compensation for taxi fares and toiletries although no receipts for these expenses are on file.
6. On [ ] the secretariat of the Tribunal wrote to the applicant stating that, in order to process his claim for loss and damage, the Tribunal would require documentary evidence to substantiate the particulars of his loss in the form of original receipts.
7. On [ ], the secretariat of the Tribunal wrote again to the applicant seeking any documentation including original receipts and vouching documentation in regard to any out-of-pocket expenses arising from any personal injuries, and that the file would be sent to a member of the Tribunal for decision in the absence of same on [ ].
8. No response was received to this correspondence.
9. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form, signed by the applicant on [ ];
b. Letter from the secretariat of the Tribunal to the applicant dated [ ];
c. Letter from the secretariat of the Tribunal to the Superintendent, [ ] Garda Station dated [ ];
d. Letter from the secretariat of the Tribunal to the applicant dated [ ].
10. Arising from the foregoing an issue arises with regard to the necessity of an applicant to give the Tribunal all reasonable assistance in order for the Tribunal to make a determination whether an award of compensation should be made.
11. Paragraph 11 of the Scheme reads:
“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.”
12. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourage applicants to give the Tribunal reasonable assistance.
13. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.
14. It is noted that Paragraph 15 of the scheme which was in place at the time of the events which gave rise to this application:
“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. It is observed that without evidence of the expenses incurred, particulars of miscellaneous expenses or any documentation relating to employment-related income since the incident, there is no information upon which the Tribunal can base an assessment of compensation, having regard to the value of any social welfare benefits or employer benefits received by the applicant.
16. The applicant claims compensation for travel expenses and toiletries. However, the applicant did not provide any original receipts for these expenses.
17. The documents in question are integral to the formation of any determination.
18. On [ ] and [ ], the secretariat of the Tribunal wrote to the applicant inviting particulars of any injuries arising from the incident, and asking the applicant to submit any vouching documentation to support the application for compensation.
19. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the Applicant (despite request), that there has been a failure to give reasonable assistance to the Tribunal.
20. The application is refused.
Peter Stafford BL
13 May 2022