Foilsiú
52306 (19 September 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: #52306
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 9 of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that she was attacked in [ ] in [ ] on Saturday night, [ ], and as a result, she suffered personal injuries including: headaches; soreness to her scalp as a result of her hair being pulled out; and, emotional difficulties, as she no longer felt safe, even in her own home, following the attack. The Applicant also states that she was very embarrassed returning to her workplace with a black eye, that the incident had added stress to her life and affected her confidence, and that it would be a long time before she would be confident to go out again.
The Applicant claims that she was off work for a week following the attack but that her employer paid her sick leave for this absence as she had not been out sick from work for the previous two years.
The Applicant reported the assault to the Gardaí at [ ] Garda Station. In a Garda Report, dated [ ], received by the Tribunal, they confirmed that the incident was the subject of a criminal prosecution at that point and they were not in a position to release full details until proceedings had concluded.
This application was received by the Tribunal just over two months after the incident complained of, on [ ].
The Tribunal accepts that the Applicant suffered personal injuries following the attack upon her, which said injuries were directly attributable to a crime of violence (satisfying paragraph 1 of the Scheme). The Tribunal is also satisfied that the incident giving rise to the injury was reported to the Gardaí without delay and was the subject matter of criminal proceedings (satisfying paragraph 22 of the Scheme). The Tribunal further accepts that the Applicant’s application was received within the prescribed three-month time period permitted in normal course under the Scheme (pursuant to paragraph 20, formerly paragraph 21 of the Scheme). By reason of the foregoing, the Tribunal accepts that this application is eligible for further consideration.
The Applicant is claiming the expense of visits to her GP Dr [ ], necessitated by the injuries she suffered in this incident. In a Report from Dr [ ], dated [ ], he confirms that the Applicant presented with a right sided black eye, bruising along her left arm, tenderness at her lower back, and bruising and marks behind her left knee. The Applicant also had a bald patch towards the back of her scalp, noted Dr [ ], and this was due to the Applicant’s hair being pulled out as she was dragged along the ground during the assault upon her. Dr [ ] prescribed anti-inflammatory medication and noted that as all of the Applicant’s injuries were soft tissue in nature, she would make a full recovery in time.
Following initial communication, there was no correspondence from the Applicant for a considerable length of time, and so the Tribunal wrote on [ ], which was a decade after the incident, and enquired as to whether the Applicant proposed to pursue her application and if so, to furnish all documents she intended to rely upon. On [ ] the Applicant responded, furnishing to the Tribunal a copy of two medical certificates, one from [ ] and another dated [ ], as well as a copy of Dr [ ] Report of [ ]. The Applicant also stated in her accompanying letter that whilst her hair had grown back and her eye had healed, she felt internal scars and would do so forever and that due to the incident she was forced to take unpaid leave from her new job as a [ ].
The terms of the Scheme extend to consideration of compensation for out-of-pocket expenses, including medical expenses, incurred by an applicant as a result of a crime of violence and injuries arising therefrom. The Tribunal is obliged to consider and to apply the terms of the Scheme, including paragraph 9, which states:
“No compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500 should be awarded.”
As the Applicant’s second medical certificate appears to relate to one-week’s sick leave for [ ], some 10 years after the incident complained of, the Tribunal is of the view that this is not relevant to her application. In the Applicant’s case therefore, the full sum claimed for out-of-pocket/medical expenses amounts to just €50. On that basis, by reason of paragraph 9 of the Scheme, the Tribunal is not in a position to compensate the Applicant.
By reason of paragraph 9 of the Scheme compensation will not be paid to the Applicant, as her expenses claim does not amount to the requisite minimum amount claimable in compensation under the Scheme. The Tribunal however acknowledges the attack upon the Applicant and the injuries she sustained as a result of that attack and wishes the Applicant well into the future.
No award
Nora Pat Stewart
Dated: 19 September 2022