Foilsiú
54644 (7 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
Name of applicant: [ ]
Application number: 54644
Date of incident: [ ]
Date of application: [ ]
The Tribunal makes an interim payment of €30,000 to the applicant.
1. [ ] (“the applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, dated [ ], it is stated that the applicant suffered severe injuries as a result of an assault which occurred in at her home on the [ ]. The applicant was viciously physically assaulted by her [ ], [ ] (“offender”). In an effort to escape the offender, the applicant [ ] out of the [ ]. The applicant sustained severe personal injuries to her [ ], [ ], and [ ] and a fracture of her [ ]. She also sustained a fracture on the [ ] side to [ ] and [ ].
3. The applicant was [ ] for over three months. She underwent significant outpatient treatment from [ ], [ ] in [ ] for her [ ] injuries. The applicant is also receiving private treatment in the [ ] in [ ]. She required very strong pain killing medication, including [ ] and [ ]. The applicant is likely to have lifelong limitations with her [ ]. She will never be able to wear [ ] again. There is a strong likelihood that her [ ] will develop arthritis. The applicant also sustained severe psychological injuries. She was referred for psychological treatment.
4. The offender was prosecuted for assaulting the applicant and sentenced to [ ] in jail, with the final year suspended.
5. The applicant, a [ ], has been unable to work due to the injuries sustained since the date of the incident. Her income now consists solely of social welfare payments. Therefore, the applicant is claiming in respect of lost earnings, lost opportunities and lost pension entitlement from the date of the incident. She has recently attended a back to work interview with her employer’s occupational health doctor on the [ ]. At best, it is anticipated that the applicant might initially be able to return to work one day per week. It is unclear as when she might be able to return to full time employment, or indeed if she ever will be in a position to return to full time employment.
6. The applicant is also claiming in respect of medication expenses, podiatry expenses, acupuncture, homeopath and physiotherapy expenses. She is also obliged to repay VHI any expenses that they have discharged in respect of her treatment.
7. Paragraph 1 (of the pre-2021) scheme mandates that an applicant needs to demonstrate that the injuries inflicted on the deceased are directly attributable to a crime of violence. The Tribunal fully accepts that the applicant was a victim of an unprovoked and vicious assault and sustained life-changing psychological and personal injuries which are directly attributable to that crime of violence. Accordingly, the Tribunal admits the application for consideration under the Scheme.
8. Paragraph 21 (of the pre-2021 scheme) 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”. It is noted that this application was received on the [ ], some 10 months after the date of the incident. Accordingly, this application was submitted outside the 3-month limitation period as stipulated in paragraph 21. The applicant stated that she was in no fit state to progress any application due to both physical and psychological trauma that she experienced. The applicant was [ ] for over three months and was traumatised. She was referred to psychological services by [ ]. She was also taking very strong medication at the time. She experienced constant and chronic pain. She was unable to fully care for her [ ], which also added to her upset. She was residing with her elderly parents at the time and in an effort to not worry them, she tried to keep the assault a secret from them. The applicant confirms that she made the application as soon as she was in a fit mental state to think about the process.
9. The threshold criteria to justify circumstances that warrants exceptional treatment, as outlined in paragraph 21 is not an easy burden to discharge. However, there are several factors here, which when taken cumulatively satisfactorily explain the lateness of this application. The applicant suffered a vicious assault which caused her profound physical pain and mental distress. In such circumstances, the Tribunal finds that the applicant was in no physical or mental condition to make the application within the 3-month limitation period. It is accepted that the applicant made the application as soon as she was mentally capable of doing so. For these reasons, the Tribunal finds that this application justifies exceptional treatment and admits this application to the Scheme.
10. It is not within the remit of the Scheme to award compensation for pain and suffering. The Tribunal can only make awards in respect of out-of-pocket expenses.
11. It is unclear as to when or whether the applicant will return to work on a full-time basis. Therefore, until the medical prognosis of the applicant’s injuries has been determined, the applicant will not in a position to finalise any claim that the applicant is making for future loss of earnings and any other future losses.
12. It therefore falls for the Tribunal to consider if this is a matter that invokes its power to grant interim relief as outlined in paragraph 8 of the Scheme. Paragraph 8 of the Scheme states that: “Compensation will be by way of a lump sum payment, rather than a periodical pension, but it will be open to the Tribunal to make an interim award and to postpone making a final award in a case in which a final medical assessment of the injury is delayed”.
13. To preserve the fair allocation of resources and the proper functioning and administration of the Scheme, interim relief will only be granted in appropriate circumstances. In light of the particular facts of this matter, the fact that the applicant has stated that she is struggling to pay for and afford the treatment that she currently requires, the nature and extent of her injuries, and the fact that further expert reports are required to determine the long-term/final prognosis and evaluate the final future losses, the Tribunal will grant interim financial relief pending the conclusion the matter.
14. Paragraph 15 of the Scheme stipulates that social welfare payments must be deducted from the award. The social welfare payments as outlined by certificate from the Department for Social Protection currently amount to over €30,000 and will continue to accumulate until this application is finalised. The Tribunal will defer making any deductions of these social welfare, or any other allowable deductions as stipulated in paragraph 15 of the Scheme, at this juncture. However, all deductible social welfare payments will be deducted before any future or final payments are discharged to the applicant.
15. The Tribunal postpones making a final award in this matter. However, the Tribunal will make an interim payment of €30,000 (thirty thousand euro) to the applicant. This interim payment will also be taken into account and deducted from the total assessed past and future out of pocket expenses. The social welfare payments will also be deducted at the conclusion of the matter.
16. It could take some time before the medical prognosis can be accurately determined by the applicant’s medical experts. In such circumstances and in due course, the applicant should take steps to procure the necessary expert reports and verify all future and other losses, so that the Tribunal is in a position to conclude her claim. The Tribunal will consider any requests from the applicant to discharge the reasonable costs of medical and other reports required to conclude her claim.
David Culleton
Criminal Injuries Compensation Tribunal
7 May 2022