Foilsiú
23763 (12 July 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: 23763
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: The application is refused.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The applicant advised the Tribunal that she sustained injuries to three fingers on her left hand while intervening in an effort to defend her son from being assaulted by Mr [ ] (“offender”).
3. The applicant advises matter was reported to Gardai in [ ] Garda Station on the [ ]. It is unclear if the offender was ever subsequently charged and prosecuted.
4. The applicant was treated in the [ ] Hospital and by her G.P, Dr [ ]. She also attended for physiotherapy treatment.
5. The applicant was unable to work for a number of months and has claimed lost earnings from the date of the incident until the [ ], being the date that her employers sold the business and the applicant received a redundancy payment. She suffered a net loss of €211.20 per week. Her loss has not been vouched by means of payslips or a P60, but a letter from her previous employer has been provided to the Tribunal. The applicant is also making a claim in respect of travelling expenses. These expenses have not been vouched.
6. This application is late. It was received by the Tribunal over fifteen months after the date of the incident. Paragraph 21 (of the pre-2021 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”. The applicant stated that she did not know about the Scheme and only found out about the Scheme after speaking with her Sister-in-Law about her injuries. It appears that her Sister-in-Law advised her of the existence of the Scheme.
7. The applicant has not corresponded with the Tribunal since [ ], [ ] years ago. The Tribunal wrote to the applicant on [ ] seeking vouchers in respect of all out-of-pocket expenses claimed and enquiring if she wished to continue with her claim. The Tribunal advised the applicant that the file would be sent to a Member for a decision if no response was forthcoming by [ ]. No response has been received from the applicant to this letter. Paragraph 11 of the (pre-April 2021) Scheme states that “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”. Therefore, the applicant has a duty to promptly progress his claim and cooperate with the Tribunal so that it can evaluate and conclude the claim.
8. Unfortunately, this application was received twelve months outside the permitted timeframe. In circumstances where an injury genuinely impedes an applicant, either physically or mentally from progressing an application, the Tribunal can then have regard as to whether these impediments are of such a nature that they provide sufficient grounds to justify exceptional treatment. While the Tribunal acknowledges that the applicant no doubt sustained significant physical injuries, the injuries in question, did not impede the applicant from pursuing this application. The applicant’s lack of knowledge of the Scheme is not a circumstance, of itself, which the Tribunal will accept justifies exceptional treatment. Regrettably, this application is late. The Tribunal determines that the circumstances of the late application, as outlined by the applicant, do not justify exceptional treatment. For this reason, the Tribunal declines to make an award in this matter. In circumstances where the application has been dismissed for contravening paragraph 21 of the Scheme, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might have application to this matter.
David Culleton
Criminal Injuries Compensation Tribunal
12 July 2022