Foilsiú
23525 (13 May 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: 23525
Decision: Pursuant to Paragraphs 11 and 15, no award of compensation will be granted.
1. By way of application form submitted to the Tribunal by his solicitor, [ ], the applicant claims compensation for injuries occurring as a result of an unprovoked assault on him at [ ] by [ ].
2. The applicant stated that, as a result of a vicious and violent unprovoked attack,. the applicant received a fractured nose and cheek fracture, as well as an injury to his left leg.The applicant attended [ ] Hospital and [ ] Hospital as well as his own GP.
3. The applicant stated that the assault was reported to Gardai who attended the scene.
4. The applicant stated that, as a result of his injuries, he took time off work in a construction firm from [ ] and this was ongoing at the time of his application.
5. On [ ], the secretariat of the Tribunal wrote to the Superintendent of [ ] Garda Station for a statement on the particulars of the events which gave rise to the injuries. No response to this letter is on file.
6. On [ ], the secretariat of the Tribunal wrote to the applicant’s solicitor stating that, in order to process their claim for loss and damage, the Tribunal would require documentary evidence to substantiate the particulars of the applicant’s loss, including original receipts and details of loss of earnings. No response to this letter is on file.
7. On [ ], the secretariat of the Tribunal wrote to the applicant’s solicitor asking if the applicant still wished to pursue his application, and seeking any documentation including original receipts and vouching documentation in regard to any out-of-pocket expenses arising from any personal injuries, and that the file would be sent to a member of the Tribunal for decision in the absence of same on [ ].
8. No response was received to this correspondence.
9. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form;
b. Letter from the secretariat of the Tribunal to the [ ] Garda Station dated [ ];
c. Letter from the secretariat of the Tribunal to the applicant’s solicitor dated [ ];
d. Letter from the secretariat of the Tribunal to the applicant’s solicitor dated [ ].
10. Arising from the foregoing a number of issues arise, which will be dealt with in turn.
11. Paragraph 11 of the Scheme reads:
“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.”
12. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourages applicants to give the Tribunal reasonable assistance.
13. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.
14. It is noted that Paragraph 15 of the scheme which was in place at the time of the events which gave rise to this application:
“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. It is observed that without evidence of the expenses incurred, particulars of miscellaneous expenses or any documentation relating to employment-related income since the incident, there is no information upon which the Tribunal can base an assessment of compensation, having regard to the value of any social welfare benefits or employer benefits received by the applicant.
16. The documents in question are integral to the formation of any determination.
17. On [ ] and [ ], the secretariat of the Tribunal wrote to the applicant’s solicitor inviting particulars of any injuries arising from the incident, and asking the applicant to submit any vouching documentation to support the application for compensation.
18. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the Applicant (despite request), that there has been a failure to give reasonable assistance to the Tribunal.
19. The application is refused.
Peter Stafford BL
13 May 2022