Foilsiú
54226 (9 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
Decision of a Single Member
Name of applicant: [ ]
Application number: 54226
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The total award in this case is €7,682.86
1. Ms. [ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Application was received by the Tribunal on the [ ] of [ ].
2. The Applicant states in her application that she was the victim of a crime of violence which occurred on the [ ]. The Applicant suffered a [ ] and lacerations to her lip and mouth area. The Applicant required corrective surgery in respect of the [ ] injury. The Applicant lost feeling in her [ ] and was required to [ ]. Metal plates were required to be inserted at the injury site and a report has been provided by the [ ] Unit of [ ] Hospital where the Applicant was treated for her injuries. The Applicant was absent from work from the date of injury to the [ ]. The Applicant’s employers confirm that she was not paid for this period of absence. The Applicant received illness benefit which is noted upon the pay slips submitted.
Paragraph 21 of the Scheme (now paragraph 20) requires “applications be made as soon as possible but except in circumstances determined by the Tribunal to justify exceptional treatment no later than three months after the event giving rise to the injury”. The application in this case was not submitted until the [ ], a period in excess of six months post the incident. In accordance with the terms of this Scheme the Tribunal is therefore required to determine whether there are circumstances in this case which would justify exceptional treatment of this late application.
3. It is noted that the explanation provided by the Applicant in respect of this late application refers to a garda statement being awaited prior to her submitting an application form. This Tribunal is not satisfied that this explanation alone would be sufficient such as to support an extension of time in this case. No further explanation as to the lateness of the application has been provided by the Applicant.
4. It is clear however, from both the garda statement and from the medical reports provided, that the Applicant’s injury was significant, and the injury suffered had a sustained and lasting effect on the Applicant. It is further noted that the Applicant was absent from work for a significant period of time post injury. The Applicant is the mother of young children and it is also noted that the Applicant suffered trauma as a result of her significant injuries Considering all of these matters this Tribunal is satisfied that there are circumstances in existence such as would justify the extension of time in this case. I am also satisfied that the Applicant has established that she was a victim of a crime of violence and that she sustained personal injuries which are directly attributable to that crime of violence. Accordingly the application is admitted for consideration under the Scheme.
5. The Applicant has submitted vouched special damages as follows:-
The foregoing vouched items are allowed in full.
The Applicant has also submitted documentation both from her employer and the Department of Social Protection in respect of loss of earnings suffered. The Applicant’s net loss of earnings amounts to the sum of €3,449.07. The Applicant’s claim for loss of earnings is allowed in full.
6. The total award in this case is €7,682.86.
Georgina Robinson, Criminal Injuries Compensation Tribunal
9 May 2022