Publication
50450 (9 March 2023)
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: #50450
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award as failure to give assistance under paragraph 10 (previously paragraph 11).
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, signed and dated [ ] the Applicant says that he suffered personal injuries when he was assaulted by a named individual in the [ ]. He says he received hospital treatment and reported the incident. He stated he had not fully recovered by the time of the application and continued to suffer speech and head problems and could not walk properly, and was suffering dental problems. He stated that he did not know if he could ever return to work and was on disability. He refers to a statement which was not attached to the application. He stated that he was making an application to the Personal Injury Assessment Board.
3. The Garda report of [ ] stated that the Applicant was assaulted by a person he knew who had absconded from [ ] and was subsequently admitted to the [ ] Hospital.
4. A report from the Emergency Medicine Consultant dated [ ] stated that the Applicant suffered a laceration, bruising and abrasions to the facial area that would be consistent with an assault and he was likely to suffer post-concussion syndromes for a number of weeks and be left with a permanent scar. Other than that, it was unlikely that the Applicant would sustain any further longterm complications. The report stated that the Applicant reported that he had suffered punches and a kick to the face and that he had lost consciousness. He was given three stitches and discharged on [ ].
5. Correspondence on file from the Applicant’s solicitor threatened legal action against the employer of the Applicant, as he was working at the time of the assault, and also against the assailant. Correspondence from the Applicant’s solicitor dated [ ] indicated that the application had been delayed because the Applicant did not know of the Tribunal and had “not been right in the head” after the assult and therefore sought to excuse the delay.
6. The application was acknowledged by letter to his solicitors dated [ ]. A further letter was sent on [ ] enclosing the Garda report. A reply stated that the solicitors were seeking instructions and that their client was blaming psychological and psychiatric difficulties on the assault. The letter conclude by stating that they would revert. No subsequent correspondence was received. Another letter was sent to the solicitors for the Applicant dated [ ] seeking further information. No response was received to that letter.
7. The Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”
8. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
9. The Applicant has failed to give all reasonable assistance to the Tribunal. I therefore make no award under paragraph 10 (previously para. 11) of the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
9 March 2023