Publication
54011 (26 January 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 appeal under paragraph 24 of the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of an Appeal Panel
Name of appellant: [ ]
Application number: 54011
Date of incident: [ ]
Date of application: [ ]
Heard on: [ ]
Location: The appeal was conducted remotely in accordance with Instruction Number 2 issued by the Tribunal under paragraph 19 of the Scheme.
Appeal panel: Ms. Georgina Robinson Solicitor; Mr. Martin Lawlor Solicitor; Mr. Peter Stafford BL.
Decision: The Tribunal makes an award in the sum of €4,340.
1. The Tribunal convened to consider an appeal brought by [ ] (‘the Appellant’) under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The Tribunal had before it an appeal hearing bundle numbering pages 1-65. The Tribunal also had the benefit of oral evidence from the Appellant at the appeal hearing. Upon the request of the Appeal Panel and following the conclusion of the hearing the Appellant furnished the Tribunal with his P60 documentation for the calendar years [ ], [ ] and [ ] (previously supplied) in addition to an amended Tax Credit Certificate for [ ].
3. By a Notice of Appeal dated the [ ], the Appellant appealed against the decision of a Single Member who, by a Decision dated the [ ], made no award pursuant to paragraph 11 of the Scheme.
4. The Appellant lodged a Notice of Appeal against the decision at first instance and prior to the appeal hearing being convened the Appellant was in a position to provide the Tribunal with substantial medical records such as to support his claim for personal injuries inflicted as a result of a crime of violence.
5. At the appeal hearing the Appellant gave oral evidence as to the current status of his injuries, his prior medical condition and the effect of the incident upon his mental and physical health.
6. In his written Application Form submitted to the Scheme the Appellant states that he had suffered injuries in the course of his employment as [ ] carrying out his duties at [ ] on the [ ]. The Appellant describes in his Application Form, and repeated by way of his oral evidence, that in the course of attempting to prevent an intoxicated Patron from [ ] and for the safety of other patrons, he suffered injury to his left wrist in addition to cuts and bruises and psychological distress.
7. It is clear from the Appellant’s evidence that in attempting to prevent an intoxicated Patron from [ ] he was the innocent victim of a violent assault and was caused to suffer injury on the date in question. The Criminal Injuries Compensation Tribunal established under Paragraph 17 of the Scheme “may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in Paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life”.
8. The Appeal Panel is satisfied that the Appellant has established that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence, and his application is therefore eligible for consideration for compensation under the terms of the Scheme.
9. Applying this principal of fairness to each application, and to ensure the Appellant was given an opportunity to address the absence of vouching documentation, or employer certified loss of earnings, the Appeal Panel heard and accepted the Appellant’s oral evidence that despite the many attempts made by him to procure a certificate of loss of earnings from his former employer he received no response to his requests. The Appellant also expressed his frustration in this regard and gave evidence that he was no longer in the employ of the [ ] company concerned.
10. The Appellant was however in a position to provide the Appeal Panel with his P60 for the calendar year [ ], and upon the Tribunal’s request, following the appeal hearing, the Appellant forwarded the secretariat a copy of his P60 for the calendar years [ ], [ ] and an amended Tax Credits Certificate for [ ]. The issue is complicated somewhat due to the fact that the Appellant was at the date of injury in part time employment and was also in receipt of an invalidity pension due to an underling medical condition.
11. While it is not conventional for an Appeal Panel to calculate an Appellant’s loss of earnings in the absence of a statement from his employer the Appeal Panel is cognisant that the Appellant was not in a position due to the failure of his former employer to revert to his requests to fully quantify his loss earnings. Accordingly, the Tribunal has considered the P60s submitted and [ ] tax credit document which lend themselves to a comparator loss calculation. It is therefore, on the basis of these documents, that this Tribunal finds the following.
12. In [ ] the Appellant received a gross income of €15,578.35 from which €11,779.20 (differential €3,779.15) was derived from an invalidity pension. The Appellant has a gross in come in [ ] of €17,701.06 – from this income €11,801.50 (differential €5,899.56) was derived from an invalidity pension. In [ ] the Appellant received a gross income of €22,361.61 from which €11,861.60 (differential €10,500.01) was derived from and invalidity pension. The [ ] document submitted does not lend itself to an analysis of a breakdown of the Appellant’s income however in his oral evidence the Appellant confirmed that he remains in receipt of an invalidity pension to the present date.
13. At hearing the Appellant gave evidence that he was unable to work as a direct result of the injuries he sustained from the date of incident to the [ ]. This constitutes a loss of income over a 14 week period, which appears to stand at a net loss of earnings of €310 per week. The Tribunal has therefore calculated the Appellant’s total loss of earnings as a direct result of the criminal incident complaint of in the total sum of €4,340.
14. No further claim was advanced in respect of out-of-pocket expenditure nor was any evidence adduced as to any claim regarding future loss of income.
15. Accordingly, the Appeal Panel is pleased to award the total sum of €4,340 and wishes the Appellant well into the future.
For the Appeal Panel:
Georgina Robinson
26 January 2023