Foilsiú
53084 (12 April 2023)
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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 53084
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ] in [ ]. The Applicant was subjected to an assault by a number of persons and sustained personal injury.
The Applicant states that he sustained an eye injury requiring a number of stitches, a fracture of jaw requiring insertion of plates and broken teeth. He was initially seen at the Emergency Department at [ ] Hospital and subsequently treated at [ ] Hospital in [ ] and by his G.P.
Members of An Garda Siochana in [ ] came upon the incident immediately after its occurrence. The Applicant subsequently made a formal statement of complaint. Criminal proceedings were pending at the time of the application. The Applicant had not received any payment of compensation.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) 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”. In this case, the application was received on the [ ] and was marginally outside the time period. However, this Tribunal Member notes the seriousness of the assault, the extent of injuries sustained, the Applicant’s co-operation with the Garda investigation and the very marginal lateness involved. A broad interpretation must be applied and this Member determines that the circumstances as a whole in this case justify exceptional treatment such that the application is admissible under Paragraph 21.
The Applicant states in the application form that he was a [ ] and that he was absent form work for one week. However, no particulars of any loss of earnings claim is set out and no claim is vouched.
The Applicant had the benefit of a medical card at the time.
No other loss has been identified in the application form, or subsequently, and no vouchers for any out-of-pocket expense have been received at any time.
The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] when he sustained personal injury.
This Tribunal Member notes that no out-of-pocket expense or loss has been particularised or vouched at any time. The Tribunal has no power to award general damages for injuries sustained.
In the circumstances, the Tribunal makes no award.
Dated the 12th day of April 2023.
Cathal Lombard
Tribunal Member