51122 (26 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.
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: 51122
Decision: An award of compensation of €2474.00.should be paid to the applicant.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In her application, the applicant stated that she was injured at [ ] on [ ] by [ ], and as a result suffered injury to her jaw and mouth.
4. In support of her application, the applicant submitted a copy of the statement she gave at [ ] on [ ] in which she stated that she had attended the [ ] with friends. One of her friends noticed that another female had [ ] and an argument ensued between the applicant’s friend and the female. The applicant spotted [ ] hit her friend. The bouncers of the [ ] ejected [ ] from the [ ]. The applicant left soon after and spoke to her friend [ ] about what had happened inside.
5. [ ] came over to the applicant and hit her with his fist into her [ ]. The applicant dropped to the ground. The applicant went into the [ ] where she was given immediate first aid by the bar staff. The applicant reported this to the Gardai immediately.
6. The bar staff took photographs of the applicant’s injuries.
7. The following day, [ ] phoned the applicant to apologise, and to ask her not to press charges. He also offered to pay for the applicant’s treatment.
8. On [ ], the applicant attended a dental specialist in relation to the treatment she would need for her facial and oral injuries.
9. The applicant submitted a number of receipts for her dental treatment as well as prescription claim forms.
10. At the time of the incident, the applicant worked as a [ ] and [ ] in [ ]. As a result of her injuries, the applicant was unavailable for work from [ ] and therefore lost 6 days work. Her gross earnings were €288.51.
11. .The applicant also worked as [ ] with the [ ]. As a result of her injuries, the applicant was absent for four days of work. Her gross weekly earnings were €111.12.
12. On [ ], the secretariat of the Tribunal wrote to the applicant asking her to submit any outstanding invoices or other vouched expenses relating to the injuries she received as a result of the incident on [ ].
13. No response to this letter is on file.
14. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form dated [ ];
b. Statement of applicant at [ ] Garda Station dated [ ];
c. Prescription claim forms:
i. [ ]: €28.83
ii. [ ]: €15.65
iii. [date illegible]: €28.83
iv. [ ]: €7.24
v. [ ]: €42.00
vi. [ ]: €28.83
d. [ ] receipts:
i. [ ]: €150.00
ii. [ ]: €100.00
iii. [ ]: €80.00
iv. [ ]: €60.00
v. [ ]: €500.00
vi. [ ]: €400.00
vii. [ ]: €600.00
viii. [ ]: €45.00
e. HSE Receipt, [ ]: €66.00
f. [ ] Receipt, [ ]: €129.00
g. Letter from [ ] dated [ ] re loss of earnings, and payslips
h. Letter from [ ], undated, re loss of earnings
i. Acknowledgement letter from Secretariat to the Tribunal dated [ ]
j. Letter from Secretariat of the Tribunal dated [ ].
15. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Siochana promptly, and that the statement provided to [ ] Garda Station and submitted to the Tribunal is an accurate reflection of the circumstances of the injury.
16. Paragraph 21 of the scheme which was in place at the time of the application states:
"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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
17. In her application, the applicant stated that she was injured on [ ], requiring her to make an application to the Tribunal before [ ]. However, the applicant did not make her application until [ ], nine months past the required deadline.
18. In her application form, the applicant stated that she was unaware of the severity and cost of the treatment she needed at the time of the injury, and had been directed to the Personal Injuries Assessment Board rather than the Tribunal.
19. I am satisfied that, during the period in which the applicant should have made her application to the Tribunal she was undergoing medical treatment for the injuries she sustained in [ ] I am also satisfied that her treatment was largely complete by [ ], immediately before she made her application and that the ongoing dental treatment she was receiving justify exceptional treatment, and therefore her claim will be considered notwithstanding the delay in submitting her claim.
20. Pursuant to the Scheme in place at the time of her application, The Tribunal may only make an award of compensation for expenses directly arising from the injury which are supported by original receipts and other requisite documentary evidence. The Scheme does not extend to compensation for personal property, and therefore her claim for reimbursement of the cost of replacement glasses must be excluded.
21. The applicant was required to take time off work immediately following her assault, and has claimed for loss of earnings. In support of her claim, the applicant submitted letters from her employers which set out her gross and net pay, and the number of days she was required to take off work.
22. The applicant has also claimed compensation for prescription charges and dental fees.
23. I therefore determine that the applicant is entitled to compensation under the following headings:
a. Nett loss of earnings: €321.62 (comprising: [ ] = €231.67 & [ ] = €89.95)
b. Nett loss of earnings: [ ] [ ]
c. Prescription charges: €151.38
d. [ ] charges: €1,935.00
e. HSE charges: €66.00
24. Therefore, the total award of compensation which should be made to the applicant is €2474.00.
Peter Stafford BL
26 July 2022