Publication
24150 (7 August 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: 24150
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 11 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant was on a night out with friends and family on the night of [ ]. The Applicant visited several licensed premises before attending the [ ]. A row broke out between several people in the pub which caused the Applicant and her friends to leave whereupon they were set upon by a named individual who assaulted the Applicant. The Applicant received a broken nose and at least one kick to her leg. There is no evidence before the Tribunal to suggest that she was in any way responsible for her injuries.
3. The Applicant was taken by ambulance to [ ] Hospital where she was diagnosed as suffering from a broken nose which required an operation. The Tribunal is satisfied that the Applicant suffered a genuine injury which was the result of a crime of violence within the meaning of the Scheme.
4. The Gardaí were called and a prosecution ensued. The Tribunal is not aware of the outcome of this prosecution and there is no evidence before it to suggest that the Applicant received compensation for her injuries.
5. The Applicant’s claim is for loss of earnings, taxi fares and medical costs associated with her injury.
6. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor asking if the Applicant wished to pursue her application and giving the Applicant one month to respond. No response was received to this letter and the application was sent to a Tribunal member for decision.
7. Paragraph 11 of the Scheme states:
‘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.’ (Emphasis added)
8. There is an onus on an applicant who makes a claim under the Scheme to assist the Tribunal in accordance with Paragraph 11 of the Scheme. In the instant case the Applicant has submitted a claim for loss of earnings. By letter dated [ ] from the Applicant’s solicitor the Tribunal was told that the Applicant had recently changed job and was not in a position then to furnish details in respect of her loss of earnings claim. It appears from the Applicant’s Garda statement that she lost her job as a result of the incident and was subsequently on social welfare. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor seeking information in respect of the Applicant’s claim for loss of earnings (if any) and asking for details in respect of the Applicant’s receipt of social welfare (as these will have to be taken into account in assessing any potential award made under the Scheme). The Tribunal received no further communication from the Applicant or her solicitor.
9. In the circumstances the Tribunal is left with no alternative but to find that the Applicant has not complied with Paragraph 11 of the Scheme and refuse to admit the Applicant’s application for consideration under the Scheme pursuant to Paragraph 11.
10. N/A.
11. N/A.
12. N/A.
13. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
7 August 2023