Foilsiú
50784 (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.
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: 50784
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Not admitted under the Scheme as failure by the applicant to establish that the injury is directly attributable to a crime of violence.
1. Mr. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) through his [ ].
2. In his application for compensation under the Scheme, signed and dated [ ], it is stated that the applicant was assaulted in the early hours of [ ] in [ ] and that he does not remember what happened to him. It is stated that he suffered serious head injuries and that the matter was being investigated by the Gardai. It was stated that the applicant was an inpatient from [ ] to [ ] and that out-patient treatment was ongoing. The applicant was receiving speech therapy and his brain injury needed ongoing assessment. It was further stated in the application that ‘it may be a year before the head injury improves, if ever.’ The application stated that the applicant was on annual leave at that time and that he was in the process of applying for benefits as a result of the injury. It stated that not all bills had been received and that it was expected that the applicant would spend time in the [ ].
3. Hospital invoices from [ ] Hospital and [ ] Hospital were submitted.
4. By letter dated [ ], the Tribunal asked the applicant’s [ ] to supply documents in relation to loss of earnings when available. No further correspondence from the applicant or the applicant’s sister was received.
5. A further letter dated [ ] was sent by the Tribunal asking the applicant’s sister if it was proposed to pursue the application, and if so to furnish all documents she wished to rely on by [ ]. No response was received.
6. A garda report was sought by the Tribunal in [ ] from the Superintendent in [ ] but no response is on file.
7. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
8. I am not satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. No supporting factual or medical documentation outlining the nature of the injuries suffered was submitted. Accordingly, I do not admit the application for consideration under the Scheme.
9. Further, even if I were to admit the application for consideration the Scheme, the Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. 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.”
10. From the foregoing lack of correspondence since [ ], and in particular the lack of reply to the letter of [ ], I am not satisfied that the applicant, or his sister acting on his behalf, have given all reasonable assistance to the Tribunal.
11. The Applicant has not established that he was the victim of a crime of violence. Accordingly, I do not admit the application for consideration under the Scheme.
12. Even if the application were admitted for consideration under the Scheme, the applicant has not provided documents as required in relation to his claim and has not replied to correspondence in relation to same. Therefore I further find that he has not given all reasonable assistance to the Tribunal as required.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022