Foilsiú
50798 (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 incident: [ ]
Date application received: [ ]
Case reference: 50798
Determination: Applying Paragraphs 16 and 21 of the Scheme in place at the time of the application no award of compensation will be made.
1. By way of application form to the Criminal Injuries Compensation Tribunal (“The Tribunal”) and dated [ ], [ ] (“the applicant”) has made a claim for compensation from the Tribunal for injuries arising out of a crime of violence which took place on [ ].
2. The applicant stated that on the morning of [ ], at around [ ] he and friends were leaving a pub in [ ] city to meet a pre-arranged taxi which had been booked for [ ]. The applicant’s friend became surrounded by a group of unknown people and when the applicant attempted to intervene and calm the situation, he was struck in the face by one of the men. The applicant was hit around his left eye. The applicant’s friend was also injured in the same fight. The assailants then fled.
3. The applicant, during this time, had instructed had instructed a friend to telephone for the Gardai who arrived soon after. The men who assaulted the applicant was subsequently identified by Gardai from CCTV, arrested and questioned. At the time of the applicant’s application to the Tribunal, a criminal case was pending.
4. The applicant attended [ ] Hospital, and was an inpatient for one day and an outpatient on two dates on [ ] and [ ].
5. The applicant was absent from work for a total of 10 and a half days. The applicant availed of sick-pay from his employers amounting to €1,252.00.
6. The applicant also seeks compensation amounting to €914.69 in respect of vouched expenses for hospital, GP and consultant visits. A further cost for surgery was paid by [ ] Insurance.
7. On [ ], the applicant submitted his application to the Tribunal under cover of letter stating that he was aware that the application was made outside of the three month time limit but “I was unaware the scheme existed until speaking to my solicitor regarding the case.”
8. On [ ], Superintendent [ ] of [ ] Garda Station, [ ] reported to the secretariat of the Tribunal to state that the criminal case against the applicant’s assailant was disposed of at [ ] Court on [ ], and that the applicant had received [ ] in compensation.
9. On [ ], the secretariat of the Tribunal wrote to the applicant enclosing a copy of the Garda report and inviting any comments from the applicant. In addition, the Tribunal sought any further receipts for out of pocket expenses incurred by the applicant arising from the assault. The applicant was alerted to Article 16 of the Scheme which provides that the Tribunal will deduct from the amount of an award any sums paid to or for the benefit of the victim by way of compensation or damage from the offender of any persons on the offender’s behalf following the injury. The letter also stated that as the sum of [ ] had been received by the applicant as a settlement through the courts, this amount would be deducted from any award made by the Tribunal, and was in excess of the value of the claim brought by the applicant to the Tribunal
10. On [ ] secretariat of the Tribunal wrote again to the applicant asking if the applicant intended to pursue his claim and to submit any outstanding expenses before the file was sent to a Member of the Tribunal for determination.
11. No response was received to the letters of [ ] or [ ].
12. The following documents were furnished to the Tribunal Member for decision:
a. Application form dated [ ], with personal statement and cover letter;
b. Letter from [ ] Garda Station, [ ] to Tribunal dated [ ], and accompanying correspondence with the Tribunal secretariat;
c. Garda Report dated [ ];
d. Medical certificate from Dr. [ ] dated [ ] regarding absence from work;
e. Letter from [ ] Ltd regarding sick pay received by the applicant dated [ ];
f. Summary of expenses incurred;
g. [ ] information pack;
h. Prescription claim forms ([ ]);
i. [ ] Claim Form ([ ]);
j. [ ] Hospital invoice dated [ ];
k. Mr [ ] consultant invoice dated [ ];[ ] March 2008;
l. Letter from applicant’s father detailing expenses incurred dated [ ];
m. Letter from Tribunal secretariat to applicant dated [ ] and [ ] seeking further documentation of the applicant’s case and alerting the applicant to Article 16 of the Scheme.
13. Arising from the foregoing, a number of issues arise which will be dealt with in turn.
14. 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)".
15. In the facts of this case, the date the assault which gave rise to the injuries sustained was the [ ]. However, the application for compensation was signed by the applicant on [ ]. This is considerably outside the three-month time limit for the making of an application for compensation from the Tribunal.
16. It is clear from the application form submitted by the applicant, that the applicant was able to make a statement to An Garda Siochana and manage his course of medical treatment with the support of his father.
17. None of the information provided to the Tribunal gives any indication why the applicant would be unable to make an application, or engage a legal representative to do so on his behalf, within the requisite time scale. There is no information within this application to support an assertion that exceptional treatment should be afforded to the applicant in this case.
18. Therefore, the applicant’s case must be excluded based on the delay in making an application to the Tribunal without any exceptional circumstances justifying an exemption to the rule.
19. Further, as the applicant was informed by the secretariat of the Tribunal in the letter dated [ ], Article 16 of the Scheme provides: “The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
20. The applicant received compensation amounting to [ ] through the courts, and as this is in excess of the vouched expenses incurred by the applicant as a direct result of his injuries, no compensation can be awarded in this case.
Peter Stafford BL
13 May 2022