Publication
54925 (18 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 54925
Decision: An award of compensation of €4,930.54 should be paid to the applicant.
1. By way of application form signed by the applicant on [ ] and marked as received by the Tribunal on [ ], the applicant, [ ] has claimed an award of compensation for injuries caused by a crime of violence which occurred on [ ] at her home at [ ].
2. In her application, the applicant stated that around [ ] on the night of [ ], a brick was thrown through a window of her living room. A stone was also thrown through a different window.
3. The applicant ran out of the house to see if she could identify the culprits or note any car registration plate. While doing so, the applicant fell, injuring the right side of her body.
4. The applicant suffered a fracture to her right humerus bone as well as laceration and bruising to her elbow, hand, forearm, hip, knee and ankle.
5. The applicant attended [ ], Hospital [ ] where she was x-rayed in the accident and emergency department on [ ].
6. The applicant went again to hospital on [ ] and [ ] for further treatment. She attended a number of physiotherapy sessions organised by the HSE in the weeks and months afterwards.
7. As a result of her injuries, the applicant was unable to work as a self-employed [ ] from [ ] until [ ], and thereafter worked part-time.
8. The applicant reported the matter to [ ] Garda Station on [ ], and the Tribunal has had the benefit of a Garda Report to the Tribunal which was also sent by the secretariat of the Tribunal to the applicant.
9. The applicant claims compensation under a number of headings:
a. Taxi and bus fares for hospital visits;
b. Travel costs incurred with hospital visits;
c. Orthopaedic consultancy fees;
d. Physiotherapy fees;
e. Prescriptions;
f. Loss of earnings.
10. In support of her application for compensation the applicant submitted a number of receipts as well as Revenue records.
11. The Tribunal has had the benefit of a Garda Report dated [ ] which confirms the facts of the case as set out in the applicant’s application form. The Garda Report confirms that no culprits have been identified and therefore no compensation has been paid to her. It also confirms that the applicant does not have a criminal record.
12. The Tribunal has also had the benefit of a report of [ ], senior physiotherapist at [ ] Hospital dated [ ] which confirms that the applicant has been attending regular physiotherapy sessions.
13. On [ ], the secretariat of the Tribunal wrote to the applicant notifying her that the Scheme of compensation does not extend to compensation for property damage, and that original out of pocket expense receipts are required before the Tribunal can make any award of compensation. The applicant was also asked to submit copies of her P60 to show her loss of earnings as a result of her injury.
14. The Garda Report was sent to the applicant by letter from the secretariat of the Tribunal on [ ] and, on [ ], the applicant confirmed in writing that she had returned to fulltime work on [ ]. The applicant also submitted outstanding receipts and other reports to the Tribunal.
15. On [ ], the applicant wrote to the Tribunal to confirm that all relevant documentation had been submitted to the Tribunal and that she was satisfied for her file to be sent to a member of the Tribunal for decision.
16. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form;
b. Garda Report dated [ ];
c. HSE letter re: physiotherapy dated [ ];
d. HSE appointment cards (various dates [ ]);
e. Prescription claim forms;
f. HSE invoice: Accident and Emergency charge dated [ ];
g. Receipts (various dates)
h. Revenue Self-Assessment form (year ending [ ])
i. Revenue Notice of Amended Assessment (year ending [ ])
j. Revenue Self-Assessment form (year ending [ ])
k. Correspondence between applicant and secretariat of the Tribunal.
17. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Siochana promptly and that the application form was received by the Tribunal within the requisite time-period.
18. The applicant was informed by letter from the secretariat of the Tribunal that the Scheme does not extend to compensation for damage to property, and nor does it compensate for general pain and suffering (so-called “general damages”). The Tribunal may only make an award of compensation for expenses directly arising from the injury which are supported by original receipts and other requisite documentary evidence.
19. I therefore determine that the applicant is entitled to compensation under the following headings:
a. Transport: 24km x 8 journeys for medical appointments, at the standard civil service rate of €00.3795 per km = €72.86
b. Hospital accident and emergency fee = €100.00
c. Prescription charges = €32.68
20. With respect to compensation for loss of earnings, the applicant stated that she had been out of work from [ ] until [ ], and worked part-time from then until she returned to full-time work on [ ].
21. The applicant stated in her application form that her average weekly earnings were €350.00 and this is generally consistent with the information provided in her Revenue records which she submitted with her application.
22. I therefore determine that the applicant had a total loss of earnings for the period [ ] to [ ] and a 50% loss of earnings for the period [ ] to [ ]. Based on the foregoing, I determine that the applicant is entitled to €4,725 in compensation for loss of earnings arising from her injury.
23. Therefore, the total award of compensation which should be made to the applicant is €4,930.54.
Peter Stafford BL
18 May 2022