Foilsiú
53371 (25 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.
Application Number – 53371
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
On the [ ] the applicant was assaulted by two people after leaving a nightclub and sustained a fractured jaw, a fractured nose, lacerations, injuries to his lip and broken teeth..The perpetrators were convicted and one of them ordered to pay [ ] to the Applicant. The Tribunal requested details of out of pocket expenses and evidence of earnings prior to the incident. The Applicant did not submit his P60 for the year prior to the incident. A letter from the Revenue Commissioners shows that the Applicant earned €22,035 in [ ], €10,742 in [ ] and €19,726 in [ ]. There is no information in respect of the Applicant’s earnings for the year prior to the incident.
The Tribunal had the benefit of a letter from [ ] dated the [ ]. The letter sets out that the Applicant had been employed by [ ] at the time he was assaulted and subsequently hospitalised. The letter states that as a direct result of the assault he was left unable to fulfil his required duties at work and he was placed on temporary unpaid sick leave. By the end of [ ] it had become apparent that he was not going to be able to return to work for the foreseeable future and therefore his employment was terminated as of the [ ]. It was understood that when the Applicant felt well enough to return to work that he would contact [ ]. The Applicant did so on [ ] and at which time his employment was reinstated. The letter sets out that the Applicant missed several days of work throughout [ ] as a direct result of the ongoing effects of his injury and he would often appear somewhat depressed and withdrawn whilst at work. It is noted that the letter is not on headed paper containing a VAT number, nor is [ ] a limited liability company. There are no details of the Applicants earnings at that time or his losses arising as a direct result from the incident.
A letter from social welfare services provides that the Applicant was on Jobseekers benefit from the [ ] to the [ ] and also from the [ ] to the [ ]. The letter further sets out that [ ] worked as follows: in [ ] 52 weeks with [ ] earning €7,500; in [ ] 33 weeks with [ ] earning [ ]; in [ ] he worked 12 weeks with [ ] earning €9,969; and in [ ] he worked 6 weeks with [ ] earning €3,150, one week with [ ] earning €97, and 12 weeks with [ ] earning €6,596.
By letter dated the [ ] the Tribunal wrote to the Applicant’s solicitors requesting the Applicant’s schedule of losses with documentary evidence. By way of response the Applicant’s solicitors said that they had already furnished all information relating to their client’s losses. The Tribunal wrote to the Applicant’s solicitor on the [ ] requesting the Applicant’s P60 for the years [ ] and requested original receipts in respect of the claim. The letter stated that it was unclear to the Tribunal what [ ] claim was in circumstances where his income following the incident appeared to exceed his income prior to the incident by €14,448.78.
Pursuant to paragraph 14 of the Scheme the Tribunal is obliged to deduct from the amount of an award any sums paid to or for the benefit of the victim by way of compensation of damages from the offender or any person on the offender’s behalf following the injury. By letter dated the [ ] the Tribunal wrote to the Applicant’s solicitor and stated that unless the Tribunal heard from the Applicant prior to the [ ] the file would be sent to a Tribunal member for a decision. The Tribunal did not receive any response to that correspondence.
In circumstances where it appears that Applicant went back to work and was capable of working and there is no cogent evidence of the Applicant’s losses as a direct result of the incident the Tribunal makes no award in this instance.
Dated: 25 May 2022
Signed: Mema Byrne BL