Publication
52780 (25 March 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 52780
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 [ ]. The Applicant was subjected to an assault and sustained personal injury.
The Applicant states that he sustained a fractured cheek, eye socket and nasal fracture. He was detained in [ ] Hospital for a period of four days and was also treated at the [ ] Hospital. The Applicant experienced subsequent dizziness, double vision, pain and swelling. He required dental treatment for repair to a denture which was broken in the assault.
The incident in this case was reported by the Applicant to An Garda Siochana in [ ] on the [ ] and the Applicant made a formal statement of complaint. The matter was investigated by Garda [ ]. At the time of the application, the offender had not been identified and no criminal proceedings arose. No payment of compensation had been made to the Applicant at any time.
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 within time.
The Applicant was not in employment at the time of the incident and no loss of earnings claim arises.
The Applicant had the benefit of a medical card at the time of and subsequent to the incident.
No vouchers for any out-of-pocket expense incurred as a result of the assault incident have been submitted to the Tribunal at any time.
The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] when he sustained personal injury.
The Tribunal notes that no out-of-pocket expense or loss has been 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 25th day of March 2023.
Cathal Lombard
Tribunal Member