Publication
22726 (26 September 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 22726
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 21 of the Scheme.
1. Mr. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant worked as [ ]. at the time of the incident. The Applicant was at [ ], when four youths began hitting [ ]. The Applicant intervened and was subsequently attacked by the youths who hit him with the [ ] rope on the shoulder and right leg. The Applicant claims injury to his shoulder and neck. The Applicant attended [ ] Hospital on the day of the incident for x-ray and subsequently attended his GP, Dr. [ ] in [ ] for review. The Applicant now claims severe pain in his shoulder and down his arm and that he does not have full use of his right arm and shoulder. The Applicant states that he received cortisone injections and underwent physiotherapy. The Applicant has not submitted a medical report with his application.
3. The Applicant subsequently reported the incident to Gardaí at [ ] the same day.
4. The Applicant does not claim any loss of earnings or expenses arising out of the incident.
5. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor asking whether the Applicant intends to proceed with his application and to provide details. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor noting the lack of reply to the previous correspondence and stating that if no response was received by [ ] the Tribunal Secretariat would forward the Applicant to a Single Member for a decision. The Tribunal received no response to either letter.
6. Paragraph 21 of the Scheme 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….’
7. As can be seen, the application was required to have been made to the Tribunal by the Applicant promptly and no less than three months from the date of the incident. In this instance, the application ought to have been lodged with the Tribunal no later than by [ ]. The application was received by the Tribunal on [ ], almost one year after the date of the incident giving rise to the alleged injuries.
8. There is an onus on an applicant who makes a claim under the Scheme to submit it in accordance with Paragraph 21. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the prevailing circumstances permit exceptional treatment of the application. In the instant case, in response to the Tribunal’s query as to the reason for the lateness of the application, the Applicant’s solicitor stated by letter dated [ ] that:
‘Our client was firstly not aware that the nature of the injury would be so serious, it was only when the extent of the injuries became apparent was it appropriate to submit a claim to your good-selves.’
9. The Tribunal finds that this explanation does not constitute circumstances which would permit exceptional treatment and which would permit the Tribunal to exercise its discretion in favour of admitting the application under the Scheme. The Tribunal therefore refuses to admit the application under Paragraph 21 of the Scheme.
10. For the avoidance of doubt, had the application been admitted under the Scheme, the application would have been refused as the Applicant has not particularised his claim for compensation. From the papers provided there does not appear to be any loss suffered by the Applicant which would entitle him to claim under the Scheme.
11. N/A.
12. N/A.
13. N/A.
14. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
26 September 2022