Foilsiú
51754 (16 August 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 injury: [ ]
Date of application: [ ]
Case reference: 51754
Decision: An award of compensation should be made to the applicant of €5,511.96.
1. [ ] (" the applicant") has made a claim to the Criminal Injuries Compensation Tribunal ("the Tribunal") for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted ("the Scheme" ).
2. The application form was signed by the applicant on [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was assaulted near the harbour in [ ] and as a result suffered a broken front tooth, dislocated shoulder and severe bruising to his head and eyes. The applicant attended [ ] Hospital, [ ], and thereafter attended his GP and dentist.
4. The applicant claims compensation for travel by bus to outpatients visits, as well as €750 compensation for root canal and crown, and compensation for physiotherapy sessions.
5. The applicant further stated that he was absent from work for a period of 12 weeks.
6. The Tribunal has had the benefit of a Garda Report dated [ ] which states that around [ ] on [ ] Gardai observed the applicant being thrown to the ground and the suspected off ender attempting to kick the applicant. The Garcia Report states that the applicant has no criminal record.
7. On [ ], the applicant wrote to the Tribunal enclosing receipts and details of his earnings. The applicant submitted details of the physiotherapy sessions which he attended at [ ] Hospital between [ ] and [ ]. The applicant also submitted an invoice for treatment received in the [ ] Centre for pain in his right shoulder.
8. The applicant submitted a copy of a receipt from Dr [ ] for dental treatment amounting to €750. The applicant also provided a copy of a payslip for the week of [ ].
9. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form dated [ ];
b. Garcia Report dated [ ], and updated particulars dated [ ];
c. Letter from the applicant dated [ ] enclosing:
i. [ ] Hospital letter stating dates of physiotherapy sessions attended by the applicant;
ii. The [ ] Centre invoice for €300
iii. Dental receipt for €750
iv. Payslip for [ ]
d. Acknowledgement letter from Secretariat to the Tribunal dated [ ]
e. Letter from Secretariat of the Tribunal to the applicant seeking further particulars of the applicant's claim dated [ ].
10. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Siochana promptly.
11. 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)".
12. In his application, the applicant stated that he was injured on [ ], requiring him to make an application to the Tribunal before [ ]. However, the applicant did not make his application until [ ], three months past the required deadline.
13. In his application form, the applicant stated that he was unaware of the Tribunal until past the deadline, and submitted an application immediately thereafter.
14. I am satisfied that, during the period in which the applicant should have made his application to the Tribunal he was undergoing medical treatment for the injuries he sustained in [ ]. I am also satisfied that his treatment was largely complete by [ ] immediately before he made his application and that the ongoing, dental treatment he was he was receiving justify exceptional treatment, and therefore the claim will be considered notwithstanding the delay in submitting the claim.
15. Pursuant to the Scheme in place at the time of his application, The Tribunal may only make an award of compensation for expenses directly arising from the injury which are supported by original receipts and other requisite documentary evidence. Therefore his claim for travel expenses, which is not supported by documentary evidence, must be excluded.
16. The applicant was required to take time off work immediately following the assault, and has claimed for loss of earnings. In support of his claim, the applicant submitted a payslip from immediately before the incident showing his weekly gross and net pay.
17. The applicant has also claimed compensation for physiotherapy and dental fees, which are supported by invoices and receipts.
18. I therefore determine that the applicant is entitled to compensation under the following headings:
a. Net loss of earnings: €4,461.96 (being 12 weeks at €371.83 net pay)
b. Dental charges: €750
c. Physiotherapy charges: €300
19. Therefore, the total award of compensation which should be made to the applicant is €5,511.96.
Peter Stafford BL
16 August 2022