Publication
54565 (14 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 Appeal Tribunal
Name of applicant: [ ]
Application number: 54565
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: The Tribunal awards the sum of €7,130.31.
Date of hearing: 14 March 2023
In attendance:
[ ] applicant
Tribunal Members: Roderick Maguire B.L., Chair; Peter Stafford B.L. Georgina Robinson, Solicitor.
1. [ ] the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. Early in the morning of [ ], the Applicant was the victim of a serious unprovoked assault at [ ] in [ ], and received a number of stab injuries from a knife attack, rendering him unconscious at the scene. First aid was administered by the Garda members attending the scene. He was transferred to [ ] Hospital, where he was resuscitated by medical staff and underwent surgery, remaining in hospital for three days.
3. The Applicant was attacked by a [ ], who was known to him. [ ] armed himself with a knife and then entered [ ]:, stabbing the Applicant a number of times. He then left, and returned a second time, punching a kicking the Applicant. [ ] pleaded guilty on indictment [ ]:
4. The Applicant did not accept the award given at first instance and the appeal came before the Tribunal.
5. The Tribunal considered all papers submitted, including the additional documentary evidence in relation to social welfare payments and loss of earnings.
6. The facts set out above establish on the balance of probabilities, that the applicant was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
7. The incident was reported to the Gardaí on the night of the incident, thereby meeting the requirement of Para 21 of the Scheme that the matter be reported without delay. Accordingly the application is admitted for consideration under the Scheme.
8. The Garda Evidence obtained by the Tribunal indicated that the Applicant had suffered two puncture wounds to the volar aspect of his right forearm, one to the parietal area of the left side of his scalp and a further stab wound to the left lateral ankle. The injury to his forearm caused tendon and artery damage resulting in loss of movement to his right middle finger and ring finger and nerve damage to his forearm. He had significant damage to tendons in his left ankle resulting in reduction of strength of toe movement, and had to attend the plastic surgery and orthopaedic clinics in [ ] Hospital.
9. The Tribunal heard from the Applicant who said that after he was assaulted, he was off work for 3 months, and was [ ] for 2 months. [ ]:. He was working as a [ ] and when he returned to work it was quiet o he was able to cope, but there was the pandemic and then he was let go, along with other staff. He had been working in [ ] for approximately a year.
10. He was on the pandemic unemployment payment for a while, and at the end of the pandemic, he was asked if he wanted to come back, but he moved jobs and works in [ ] in [ ], mostly on the phone. His earnings are a basic plus commission but he is still training at this job. The Applicant stated that he was earning the same as he had previously.
11. The Applicant outlined that he had suffered previously from depression which was affected by the assault. He had never been off work due to depression previously, but was off work for 3 – 4 weeks after the assault due to the depression in addition to the 3 month absence due to the injuries.
12. The Applicant stated that he had earned €440 per week as a [ ] prior to the incident. That reduced to €180 while he was on illness benefit for 3 months or 13 weeks, being a total loss of €3,380 due to his physical injuries, and €1,040 in relation to his depression attributed to the injuries. He stated that there was only 3 day’s sick pay under his contract per year.
13. The Applicant was on Jobseeker’s benefit for a period of time in addition, being paid €4,118.40 between the time of the injury and the hearing, in addition to €7,502 in Illness Benefit during this time as well as €3,000 under the Pandemic Unemployment Payment. The Applicant had submitted documents in relation to the Public Inpatient Hospital Charge of €80 and prescription medication in the sum of €50.31.
14. The Tribunal also finds that the injuries affected the Applicant’s ability to obtain employment and contributed to his time on Jobseeker’s Allowance, which was just over 22 weeks.
15. The Tribunal awards the sum of €7,130.31 in compensation for the criminally inflicted injuries sustained by the applicant on [ ]. This amount is comprised of €130.31 in relation to out of pocket expenses and a sum of €7,000 in relation to his loss of earnings.
Roderick Maguire BL, Georgina Robinson solicitor, Peter Stafford BL
Criminal Injuries Compensation Tribunal