Foilsiú
51563 (26 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.
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: 51563
Decision: Pursuant to Paragraphs 16 and 17 in place at the time of the applicant’s application to the Tribunal, no award of compensation will be paid.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ] and submitted to the Tribunal under cover of letter from his legal representative dated [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was injured at the [ ] by [ ] and [ ], and as result of an assault he sustained, he suffered severe bruising and lacerations to the crown of his skill. He was admitted to [ ] General Hospital, and, at the time of his application, continued to receive outpatient care.
4. The applicant claims compensation for travel expenses relating to hospital visits, and clothing, as well as loss of earnings.
5. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the applicant was set upon by two males in the [ ] bar in [ ]. The applicant was struck on a number of occasions by a person holding [ ]. The matter was captured by CCTV which suggested to Gardai that it was an unprovoked attack.
6. On [ ], the applicant’s legal representative wrote to the Tribunal to enclose a schedule of expenses incurred by the applicant as a result of his injuries and a Court Order made in respect of the assailants of the applicant in which the defendant was ordered to pay the applicant the sum of €1,300 by way of compensation.
7. In total, the applicant claims compensation amounting to €4,114 as well as compensation for loss of earnings. In support of his application, the applicant’s legal representative submitted details of the applicant’s earnings, and details of the applicant’s social welfare receipts following the incident are before the Tribunal.
8. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative to enclose correspondence received from the Department of Social Protection with respect to the social welfare payments received by the applicant. In total, the applicant received €40,315.89 in social welfare in the two years following the incident.
9. The applicant’s P60 indicates that for the year preceding the incident, the applicant’s income from employment amounted to €14,525 net.
10. Furthermore, the applicant’s legal representative was informed that there are no receipts before the Tribunal to vouch the applicant’s claim for compensation for out-of-pocket expenses.
11. The applicant’s legal representative was informed that the Scheme requires the Tribunal to deduct compensation paid to the applicant by the assailant, and any social welfare payments received by the applicant, when making an award of compensation. The applicant’s legal representative was invited to inform the Tribunal if there were any other matters which they wished to raise. No response to this letter is before the Tribunal.
12. On [ ] the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
13. No response to this letter is on file.
14 It is noted that Paragraph 17 of the scheme provides:
“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. The secretariat of the Tribunal wrote to the applicant’s legal representative on [ ] enclosing correspondence from the Department of Social Protection, noting that the value of social welfare benefits received by the applicant in the two year period following the applicant’s injury were higher than the applicant’s claimed loss of wages or salary as a result of his injury.
16. The applicant’s legal representative has not provided any information or submissions to the Tribunal to dispute this finding, and therefore, applying the provisions of Paragraph 17 of the Scheme, it is held that no compensation for loss of earnings will be paid to the applicant.
17. Paragraph 16 of the Scheme provides: “The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
18. For the reasons noted above, no award of compensation for loss of earnings will be paid. The only other expenses which are properly before the Tribunal relate to travel expenses.
19. It is noted that the other claims for compensation are not properly vouched with original receipts and therefore cannot be compensated. The applicant’s claimed travel expenses amount to €93.49.
20. In support of his application, the applicant’s legal representative submitted a copy of a Court Order made in respect of the assailants of the applicant in which the defendant was ordered to pay the applicant the sum of €1,300 by way of compensation.
21. Again, there is no information before the Tribunal to suggest that the provisions of Paragraph 16 of the Scheme should not apply in this case.
22. As the amount of compensation received by the applicant from the assailant exceeds the amount claimed by the applicant for out-of-pocket expenses, no award of compensation will be paid.
Peter Stafford
Member, Criminal Injuries Compensation Tribunal
26 August 2022