Foilsiú
50469 (28 June 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: 50469
Decision: Tribunal awards the applicant €1605.66
1. By way of application form signed by the applicant on [ ] and stamped as received by the Tribunal on [ ], [ ] (“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 applicant stated that he was injured at around [ ] on [ ] at [ ]. The applicant stated that he and others were returning to their car on [ ] after dropping off his brother. He was accompanied by friends which included an off-duty Garda.
3. The applicant stated that he and his companions were suddenly subjected to a hail of bottles which were thrown at them. A number of youths surrounded the car, and the applicant was hit on the face by a bottle which broke. The applicant was subjected to further missiles, as were his companions. The applicant subsequently discovered that these bottles had been stolen from [ ]. The applicant reported the incident to [ ] Garda Station.
4. The applicant obtained immediate medical treatment at [ ] hospital and then [ ] Hospital. The applicant did not know any of the offenders who made a getaway on foot. They were subsequently arrested and taken to [ ] Garda Station.
5. The applicant suffered a fracture to his mandible, and spent three days in hospital and thereafter received outpatient care from his GP.
6. At the time of his application, the applicant was awaiting orthodontic treatment and was suffering from slight numbness and some discolouration under his eye.
7. The applicant was absent from work with [ ] from [ ] to [ ]. As a result, he experienced a loss of income amounting to €1,500.
8. The applicant has also claimed compensation amounting to €40 for travel expenses and €1,605 for medical treatment. As noted, the applicant was awaiting an appointment with an orthodontist for further treatment at the time of his application.
9. The Tribunal has had the benefit of a report of [ ], consultant oral and maxillofacial surgeon who reports that the applicant experienced a fracture of the mandible, for which he underwent a procedure on his jaw under general anaesthetic. The applicant received follow-up care from [ ].
10. On [ ] the secretariat of the Tribunal wrote to the superintendent of [ ] Garda Station seeking particulars of the incident which gave rise to the applicant’s injuries. However, no response is on file to this letter.
11. On the same date, the secretariat of the Tribunal wrote to the applicant seeking details of his loss of earnings, including details of absence from work, details of net loss of earnings and a copy of his P60 for the previous year. The applicant was also asked to send the Tribunal the contact details of his treating dentist so that the Tribunal could obtain a report outlining the applicant’s past and future dental treatment needs arising from this incident.
12. On [ ], the applicant wrote to the Tribunal indicating that details of loss of earnings would be sent to the Tribunal in due course, and indicating that he was awaiting a consultation with his dentist which was scheduled for [ ]. There are no details of the applicant’s loss of earnings, or details of any further dental treatment, on file.
13. On [ ], the applicant wrote to the Tribunal seeking an update on his application, and on [ ], the secretariat of the Tribunal wrote to the applicant seeking the documentation sought, including details of loss of earnings and receipts to vouch his claim for compensation for out-of-pocket expenses. No response to this letter is on file.
a. Completed application form, signed by the applicant on [ ].;
b. Medical report of [ ] dated [ ].;
c. Invoice from [ ] totalling €1,186.66 for the operation dated [ ].
d. Invoice from [ ] for €135.00 for biochemistry and haematology for procedures dated [ ] to [ ].
e. Invoice from [ ] Group for €164.07 for procedures dated [ ] and [ ].
f. Invoice from [ ] Hospital dated [ ] for €120.00 for inpatient charges;
g. Letter from secretariat of the Tribunal to [ ] Garda Station dated 21 March 2007;
h. Letter from secretariat of the Tribunal to applicant dated [ ] seeking details of loss of earnings and of dental treatment;
i. Letter from applicant dated [ ] stating that required information would be sent to the Tribunal;
j. Letter from applicant dated [ ] seeking an update on his application;
k. Letter from Tribunal dated [ ] asking applicant to submit outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, his file would be sent to a Member of the Tribunal for determination.
14. Arising from the foregoing, a number of issues arise which will be dealt with in turn.
15. 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)".
16. 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 [ ], a month beyond the required deadline.
17. However, it is accepted that the applicant was in hospital for a short period of time, and, at the time of his application, was undergoing further outpatient treatment. On that basis, and on the fact that the application was made less than a month outside of the required deadline, the application will be accepted for determination.
1. Paragraph 11 of the Scheme reads: “No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”
2. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourage applicants to give the Tribunal reasonable assistance.
3. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.
4. It is observed that without evidence of the expenses incurred, including documentation relating to loss of earnings as a result of being unable to work, there is no information upon which the Tribunal can base an assessment of compensation, having regard to the value of any social welfare benefits received by the applicant.
5. The documents in question are integral to the formation of any determination.
6. The secretariat of the Tribunal wrote to the applicant on two occasions inviting the applicant to provide information relating to his dental treatment costs and other out of pocket expenses, including his loss of earnings, and asking the applicant to submit any vouching documentation to support the application for compensation.
7. No response was received to either of these requests.
8. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, there is no information before the Tribunal to determine what out of pocket expenses were incurred by the applicant, and what loss of earnings he experienced.
9. The only vouched expenses before the Tribunal relate to the medical treatment he received during the period [ ].
18. I am satisfied that the applicant was injured during a crime of violence which took place on [ ], [ ] on [ ], and as a result of injuries sustained, he incurred expenses amounting to €1605.66, comprising of medical and hospital expenses. I am satisfied that these expenses are properly vouched.
19. I therefore determine that the applicant should be awarded compensation of €1605.66.
Peter Stafford BL
28 June 2022