50016 (13 May 2022)

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: 50016

Decision: An award of compensation of €1,360.00 should be granted.

1. By way of application form submitted to the Tribunal on [ ], the applicant claims compensation for injuries occurring as a result of an assault which took place on [ ] at [ ], [ ] on [ ].

2. In his application form the applicant stated that at around 5pm a customer entered the premises and attempted to climb over the counter. The customer claimed to have a syringe and threatened the applicant that he would stick the needle into him unless he opened the till.

3. The applicant noticed that the syringe had no needle, and so he attempted to overpower the assailant. In the struggle, the applicant suffered injuries to his right hand. The assailant was arrested soon afterwards, as a member of the public had contacted the emergency services.

4. The applicant stated that he attended [ ] hospital and was diagnosed with two fractures of his right hand.

5. On [ ], the secretariat of the Tribunal wrote to the Superintendent of [ ] Garda Station for a statement on the particulars of the events which gave rise to the injuries. No response to this letter is on file.

6. On [ ] the secretariat of the Tribunal wrote to the applicant’s solicitor stating that, in order to process their claim for loss and damage, the Tribunal would require documentary evidence to substantiate the particulars of the applicant’s loss, including original receipts and details of loss of earnings.

7. The applicant is self-employed and stated in a letter to the Tribunal dated [ ] that as a result of his injuries was unable to continue to work as a [ ] and was required to employ a [ ] on four dates when he was required to attend hospital: [ ] and [ ] at a total cost of €1,360.00.

8. In support of his application, the applicant submitted a handwritten receipt from the [ ] stating that a payment of [ ] was paid by [ ] for [ ] work.

9. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant still wished to pursue his application, and seeking any further documentation including original receipts and vouching documentation in regard to any out-of-pocket expenses arising from any personal injuries, and that the file would be sent to a member of the Tribunal for decision in the absence of same on [ ].

10. No response was received to this correspondence.

11. The following documents were furnished to the Tribunal Member for determination:

a. Completed application form;

b. Letter from the secretariat of the Tribunal to [ ] Garda Station dated [ ];

c. Letter from the secretariat of the Tribunal to the applicant dated [ ];

d. Letter from the applicant to the Tribunal, enclosing a receipt from [ ] dated [ ];

e. Letter from the secretariat of the Tribunal to the applicant dated [ ].

12. It is accepted that the applicant was a victim of a crime of violence in his [ ] in [ ]. It is also accepted that the applicant’s claim is solely for compensation to reimburse him for the cost of employing a [ ] on the [ ] when he was required to attend hospital. I am satisfied that this expense arose as a direct result of the injuries sustained by the applicant.

13. I am therefore satisfied that an award of compensation amounting to €1,360.00 should be paid to the applicant.

Peter Stafford BL

13 May 2022