Foilsiú
54236 (11 December 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 appeal under paragraph 24 of the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of an Appeal Panel
In private
Name of appellant: [ ]
Application number: 54236
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal on the [ ])
Heard on: [ ]
Location: The Appeal was conducted remotely in accordance with instruction no. 2 issued by the Tribunal under paragraph 19 of the scheme.
Appeal panel: Damian Sheridan (Chair); Conor Heaney and Cathal Lombard.
Persons present and capacity: [ ] was present and represented himself.
1. The Appeal Panel (“the panel) convened in private, to consider an appeal brought by [ ] under the scheme of compensation for personal injuries criminally inflicted on Prison Officers (“the scheme”).
2. The panel had before it an appeal hearing bundle numbering pages 1 through to 48.
3. By way of Notice of Appeal dated the [ ] the Appellant appealed against the decision of the single member, who, by a decision dated [ ] had made an award of €470.03.
1. On the [ ] at in or about [ ] at [ ] the Appellant was the victim of an assault when he was approached from behind and grabbed by his backpack and then swung around causing him to be thrown out into the road into the path of an oncoming Garda car.
2. Given the proximity of the Garda car the assault itself was witnessed by Garda [ ] and Garda [ ] and the suspect was arrested a short time later.
3. Subsequently the offender pled guilty to a charge of assault at [ ] Circuit Court.
4. Garda [ ] Investigating Garda has recorded in his correspondence of the [ ] that the offender, a [ ], was ordered to pay €5,000 to the Appellant as a result of the injuries that the Appellant sustained. Garda [ ] confirmed that this had been complied with via his solicitor and that he had received that payment in full.
5. The Appellant suffered a broken ankle and a fracture of his fibula just below the knee. He was an inpatient receiving treatment at [ ] Hospital from the [ ] to the [ ].
6. At the appeal hearing the Appellant gave evidence as to the aftermath of the incident described above. The Appellant confirmed that he had been an employee of [ ] at the time of the incident and had been unable to return to his employment. He indicated that by way of his evidence that the nature of the employment that he had at that time was a physical one which required him to be on his feet and to be physically able for the entirety of his work day. Given the injuries to his lower leg and his ankle and the surgery he underwent this was not possible for a considerable period of time. The Appellant confirmed that the details set out in the letter from Ms [ ], Financial Controller of [ ] reflected his loss of earnings position.
7. The Appellant also confirmed that he had been in receipt of Illness Benefit as was set out in the Certificate from the Department of Social Welfare dated the [ ].
8. In addition the Appellant confirmed receipt of the €5,000 by way of compensation received from the Defendant in the criminal case, his assailant.
9. In addition the Appellant confirmed that he had incurred out of pocket expenses totalling €970 which predominantly were made up of the bill for his hospital stay and the physiotherapy he was required to undertake in order to improve his medical position. The Tribunal notes that vouchers have been presented to the Tribunal in the sum of €970.
10. In addition the Appellant gave evidence of mileage in expenses incurred, 120 kilometres in total, in attending at various doctors.
11. In the first instance the Appeal Panel accept that the Appellant was the victim of a crime and suffered personal injury criminally inflicted upon him. In addition the Appeal Panel accepts that the matter was reported to An Garda Siochana.
12. The Appeal Panel further accepts that the Appellant suffered personal injury, loss, damage, inconvenience and expense arising therefrom. In particular the Tribunal identify that the Appellant incurred expense in terms of the vouchers presented to the Tribunal in the sum of €970.
13. In addition the Appeal Panel accept that the mileage expenses claimed were incurred and award €52.08 in respect of the 120 kilometres travel based upon a rate of 43.40 cent per kilometre.
14. In respect of the Appellant’s loss of earnings the appeal panel calculate that the Appellant spent 25 weeks out of the workplace. At the time of his injury he appears to have been in receipt of net income of in or about €505.07 per week. This equates to an amount of €12,626.75 over the entirety of the 25 weeks. This figure is reflective of his take home pay missed over that period, tax having been deducted. From this amount the Illness Benefit of €198 per week received from the [ ] to the [ ] must be deducted. This sum is €4,818. In addition the €5,000 received from the assailant must, in accordance with paragraph 15 of the scheme, also be deducted. The net figure arising from these deductions for loss of earnings is an amount of €2,808.75.
15. The appeal panel conclude that no deduction or limitation should be placed upon the Appellant’s claim by virtue of paragraphs 12 and 13 of the scheme.
16. Accordingly the panel make a total award to the Appellant in this case of €3,830.83.
Signed:
Damian Sheridan B.L.
Chair, Criminal Injuries Compensation Tribunal
For and on behalf of the Appeal Panel
Dated 11 December 2023