Foilsiú
53086 (13 April 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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 53086
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was subjected to an assault and attempted robbery by another female and sustained personal injury.
The Applicant states that she sustained a black eye, bruising, a bang to the head and concussion. She attended for medical treatment at [ ] Hospital in [ ] and with her G.P.
Members of An Garda Siochana in [ ] came upon the incident immediately after its occurrence. The Applicant subsequently made a formal statement of complaint at [ ] Garda Station and the incident was investigated. Criminal proceedings were awaited at the time of the application. The Applicant had not received any payment of compensation.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states that “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 this case, the application was received on the [ ] and was within time.
The Applicant states in the application form that she had been working as a [ ] in a [ ] at the time of the incident. She later referred to a part-time [ ]. She stated that she was absent from work following the incident, however no particulars of a loss of earnings claim is set out. Paragraph 5(c) of the application form required a certificate of loss of earnings from the employer and no such document has been received. A P60 form relating to the Applicant’s earnings in the year prior to the incident was subsequently requested, together with confirmation from the Department of Social Welfare as to any social welfare payments received whilst out of work.
The Applicant had the benefit of a medical card at the time of the incident.
No other loss has been identified in the application form, or subsequently, and no vouchers for any out-of-pocket expense have been received at any time.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ] when she sustained personal injury.
This Tribunal Member notes that no out-of-pocket expense or loss of earnings has been particularised or vouched at any time. The Tribunal has no power to award general damages for injuries sustained.
In the circumstances, the Tribunal makes no award.
Dated the 13th day of April 2023.
Cathal Lombard
Tribunal Member