Foilsiú
51885 (28 October 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: #51885
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of delay in submitting application pursuant to paragraph 20 (formerly paragraph 21) of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that he was working as [ ] at a licensed premises in [ ] on [ ] when a patron [ ], proceeded to headbutt him, causing his nose to fracture. The Applicant claims that as his nose did not set, he had to attend at [ ] Hospital for treatment ten days after the incident. A Medical Report has been furnished to the Tribunal from Mr [ ], Consultant ENT Surgeon, dated [ ], which records:
“Day case on [ ] fracture of nasal bones reduced and nose straightened. A good surgical result. Allowed home later that day and not reviewed since.”
In addition to sustaining a fractured nose, the Applicant states that he also suffered psychological and emotional damage as a result of the incident and that whilst he had been able to work after he had been injured, this was in a diminished capacity, as he could not work at his usual role [ ].
As well as attending at [ ] Hospital, the Applicant also claims that he attended his GP Dr [ ] based in [ ] for treatment in the aftermath of the attack.
The Applicant reported the matter to the Gardaí at [ ] Garda Station himself.
A Garda Report, dated [ ], was received by the Tribunal which confirmed the incident as occurred. The Gardaí reported that the Applicant’s assailant was due before [ ] Circuit Court, the following [ ], on charges arising from the assault.
The Applicant makes a claim for his expenses for attending court, his loss of earnings from mid-[ ], albeit that the incident the subject matter of his application had occurred just under two years previously, and for some items of clothing. The Applicant noted that civil proceedings were in being at the time he made his application, but that he was concerned because his employer had gone into liquidation since the incident.
This application was received by the Tribunal on [ ] which was two years after the incident complained of, and one year and nine months after the time period permitted, in normal course, for submission of applications under the Scheme.
Paragraph 20 (formerly paragraph 21) of the 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 …”
It is clear from paragraph 20 that the Tribunal is not completely bound by the prescribed three-month period for receipt of applications: where it finds that the circumstances for the delay in submitting an application are such as to justify exceptional treatment of that application, it may deem that application eligible for further consideration.
The Scheme’s application form, at section 2 (f), provides an opportunity for applicants to state reasons for delay, if any, in submitting their applications to the Tribunal. In the instant case, at s. 2 (f) the Applicant has set out a comprehensive account of his employment, the court case and the fact that he has children to support, but in essence the Applicant has failed to provide any cogent reasons for the delay in submitting his application.
As the Applicant has not provided reasons for the delay in submitting his application within the prescribed timeframe, such that it determines that this application warrants exceptional treatment, and as there is no indication in the Applicant’s file papers, including his Medical Report to suggest that the Applicant was unable to submit his application in a timely manner, the Tribunal is not amenable to consider this application further.
No award
Nora Pat Stewart
28 October 2022