Foilsiú
54498 (2 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.
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: 54498
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: The applicant is awarded 4,406.70.
1. Mr [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the night of the [ ], the applicant was the victim of an assault at or near Main Street, [ ]. The applicant who was collecting [ ] takeaway, alleges that the group were “mouthing off”, he told them to “calm down”, matters got heated, then one of the youths punched the applicant in the jaw, which resulted in the applicant falling backwards. The applicant hit his head off the ground and was knocked unconscious. The Applicant recalls the events leading up to but cannot recall the incident itself.
3. One of the youths pleaded guilty to S3 assault and was prosecuted.
4. The applicant has provided the Tribunal with medical reports from Mr [ ], Consultant in Rehabilitative Medicine and Dr [ ], Consultant Neurologist. These reports highlight the significant and life changing injuries that the applicant sustained, including a fractured skull, multi-compartment haemorrhage and hearing loss in his right ear. The applicant subsequently suffered from severe headaches, dizziness, memory loss and forgetfulness in recalling people’s names and phrases. He received extensive treatment including treatment and rehabilitation in [ ] Hospital, [ ] Hospital, [ ] Hospital and the [ ] Hospital.
5. The applicant has confirmed that he is not claiming for future loss of earnings. He has confined his claim for lost earnings to the loss of wages incurred for the first few weeks post-incident. The applicant received holiday pay from his employer, [ ] for the first week of his absence. However, he was not paid for the following two weeks. His employer has estimated his net loss per week to be €1,078.25. Therefore , the total loss is €2,156.50.
The applicant also had to take unpaid leave on 8 other occasions. This loss amounts to (daily loss of €215.65) €1,725.20.
The following receipts have also been provided to the Tribunal
[ ] - €100
[ ] - €30
Travelling expenses – 882 kilometres. The Tribunal will allow the maximum civil service rate (Band 1) in respect of travelling expenses 44.79 cents. The amounts to €395.
Total Losses: €4,406.70
6. The Garda Report highlights that the applicant engaged into a verbal altercation and he also pushed one of the youths. In this regard, the Tribunal must consider paragraph 12 of the Scheme which states that “No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence”.
7. While the applicant engaged the youths, it is noted that the gang of youths were the ones who were “mouthing off” and provoked the applicant. He stood up for himself, which he is entitled to do. Unfortunately he received one punch, which changed the course of his life forever. The Tribunal finds that the applicant was the blameless victim of a crime of violence and will not apply paragraph 12 of the Scheme.
8. The applicant’s claim is late having been received (nine months after the incident) outside the three-month time limit stipulated at paragraph 21 of the (pre-April 2021) Scheme. Paragraph 21 of the 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”. The applicant was invited to make submissions in the application form outlining the reason(s) for the delay as required under paragraph 21 of the Scheme. The applicant explained the delay by stating that he has sustained a traumatic brain injury, he struggled with memory loss and everyday tasks.
9. It is abundantly clear from the medical reports of Mr [ ], Consultant in Rehabilitative Medicine and Dr [ ], Consultant Neurologist that the applicant sustained a serious brain injury, with associated and memory loss and forgetfulness. Therefore, is evident that as a direct result of his injuries, that he was grossly hindered in making the application within the requisite timeframe. The applicant progressed the claim as soon as he possibly could. Therefore, the applicant’s circumstances are determined to justify exceptional treatment and the late application is accepted.
10. The Tribunal awards the applicant the sum of €4,406.70.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
2 July 2022