Foilsiú
53053 (25 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 an Appeals Panel
Name of applicant: [ ]
Application number: 53053
Date of incident: [ ]
Date application received: [ ]
Date of appeal notice: [ ]
Hearing date: [ ]
Tribunal Members: Peter Stafford BL (Tribunal Member, Chair), Elizabeth Davey BL (Tribunal Member), Cathal Lombard (Tribunal Member)
In attendance: [ ] (applicant)
Decision outcome: The applicant is awarded compensation of €3,487.43.
1. [ ] (‘the applicant’), has made a claim for compensation from the Criminal Injuries Compensation Tribunal (‘the Tribunal’) under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application to the Tribunal, signed by the applicant on [ ] and marked as received by the Tribunal on [ ], the applicant stated that she suffered personal injuries during an assault which took place at her home on the night of [ ].
3. The Tribunal has had the benefit of a copy of the statement given by the applicant to An Garda Síochána on [ ], and a Garda Report to the Tribunal dated [ ]. These reports state that the applicant was assaulted by a person known to her in her home. The applicant stated that a verbal altercation occurred between the applicant and her assailant, which was followed by the applicant being subjected to a violent physical attack. The applicant was grabbed by the hair, and her head was smashed off the kitchen units during the altercation. The applicant was dragged by her hair around her apartment and was violently pushed down a flight of concrete external steps. The applicant was further attacked by her assailant outside her home,
4. The applicant phoned 999, and Gardaí were called to her home. On the following day, the applicant gave a statement to An Garda Síochána and obtained medical treatment at [ ] Hospital for bruising and cuts to her limbs. Chunks of the applicant’s hair had been ripped out during the altercation and she had pain to her left buttock.
5. On [ ], the applicant went to [ ] on a pre-organised holiday. On her arrival in [ ], the applicant was in pain and received medical treatment from Medical Clinic in [ ].
6. On her return to Ireland, the applicant obtained further treatment at [ ] Hospital and through her GP for the physical injuries and bruising which were still causing her pain. The applicant suffered from feelings of isolation and depression after the assault. As a result, the applicant received counselling and was admitted for a period of care in [ ] Hospital.
7. The applicant claims compensation from the Tribunal under the Scheme, for medical treatment, pharmacy fees and for damage to property.
8. A first-instance decision issued from the Tribunal on [ ]. The applicant appealed that decision, and an appeal panel was constituted to consider her application on a de novo basis. The appeal was heard over the Zoom video-conferencing platform on [ ], which the applicant attended.
9. The appeal panel carefully considered the applicant’s file which contains the following documents:
a. Application form, including statement to An Garda Síochána and correspondence re criminal proceedings against assailant and training;
b. Garda Report dated [ ];
c. Receipts for medical and other expenses, including details of expenses paid by VHI;
d. Correspondence between secretariat of the Tribunal and Revenue;
e. Correspondence between secretariat of the Tribunal Department of Social Protection;
f. First instance decision and appeal against decision;
g. Letter to District Court Judge from applicant dated [ ];
h. Medical Report of Dr [ ] dated [ ].
10. The Tribunal has also had the benefit of the applicant’s oral evidence to the Tribunal appeal hearing. Arising from this, preliminary issues arise with respect to the applicant’s delay in making her application to the Tribunal, and the scope of compensation available to the applicant under the Scheme.
11. Paragraph 21 of the Scheme which was in place at the time of the applicant’s application to the Tribunal provides: “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.”
12. According to the applicant in her application form and in evidence to the Tribunal, the date of the incident which gave rise to this application was [ ], thus requiring the applicant to submit her application to the Tribunal before [ ]. The applicant’s application form was not received by the Tribunal until [ ], almost one year outside the time period set out in the Scheme.
13. In her submissions to the Tribunal at her appeal hearing, the applicant accepted that her application was submitted to the Tribunal outside of the required time period.
14. Section 2(f) of the application form requires applicants to give reasons for any delay in submitting the application to the Tribunal. In her evidence before the Tribunal, the applicant stated that she had suffered significant physical and emotional problems following the assault which gave rise to her injuries. The applicant suffered low moods and feelings of isolation which were subsequently diagnosed as PTSD and for which the applicant received professional care.
15. It is accepted that the applicant reported the matter promptly to An Garda Síochána, and that she co-operated with Gardaí during their investigations and the criminal proceedings which were brought against the assailant.
16. The Tribunal has carefully considered the applicant’s submissions, and finds that the specific circumstances in the applicant’s case justify exceptional treatment. Therefore, applying Paragraph 21 of the Scheme, the applicant’s claim is deemed admissible for determination notwithstanding the delay in making her application.
17. Paragraph 15 of the Scheme in place at the time of the applicant’s application to the Tribunal states: “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.”
18. Paragraph 5 of the Scheme states: “If the injury is inflicted in the circumstances set out in the Scheme and any person would be entitled to claim compensation (whether statutory or non- statutory) otherwise than under the Scheme for the injury, he will not be prohibited from also claiming compensation under the Scheme but the Tribunal will decide the claim on the basis that no payment under the Scheme should result in compensation being duplicated and may accordingly decide either to make no award or to make a reduced award.”
19. In her evidence before the Tribunal, the applicant stated that at the time of the incident, she was not in employment and was in receipt of illness benefit through the Department of Social Protection. Following the incident, the application was approved for receipt of an invalidity pension, and held a medical card. Further, from the time of the incident until [ ], the applicant was a Member of VHI. Therefore, pursuant to Paragraphs 15 and 5, the Tribunal cannot provide compensation to the applicant for out-of-pocket expenses incurred by the applicant which have already been discharged through social welfare schemes (such as a Medical Card) or through her health insurance company.
20. The Tribunal may pay compensation for vouched out-of-pocket expenses incurred in respect of personal injury, where the injury is directly attributable to a crime of violence. The Tribunal cannot award general damages or any compensatory award for pain and suffering from the injuries suffered. Further, the Tribunal cannot award compensation for loss or damage to property. Therefore, no award of compensation for damage to jewellery can be made.
21. The Tribunal has carefully considered the evidence provided to the Tribunal by the applicant in her written submissions to the Tribunal. The Tribunal has also considered the evidence presented orally at the appeal hearing.
22. The Tribunal holds that the applicant was entirely truthful to the Tribunal about the nature of the events which gave rise to her injuries, as well as the extent of the injuries she sustained as a result of the assault on her on the [ ].
23. The Tribunal holds that the following vouched expenses incurred by the applicant as a result of her injuries fall within the scope of the Scheme, and have not previously been discharged:
a. Accident and Emergency, [ ] Hospital: €100
b. Taxi fare from [ ] Hospital: €15
c. Medical appointments: €600
d. Parking charges: €31.50
e. Trauma counselling: €900
f. Dr [ ], [ ]: €250
g. Boot’s chemist: €60.62
h. Prescription charges: €1,440
i. Medical treatment in [ ]: €90.31
24. The Tribunal therefore makes an award of compensation of €3,487.43
25. The Tribunal wishes to commend the applicant for the strength she showed in recounting what were clearly upsetting events to her. The Tribunal wishes the applicant all the best for the future.
Peter Stafford BL
Member, and chair of this division of appeals panel
Criminal Injuries Compensation Tribunal
25 October 2022