Foilsiú
52615 (23 July 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 52615
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was the victim of an unprovoked assault by three individuals which caused him to sustain personal injuries including a significant ankle fracture.
The incident in this case was witnessed by Garda [ ] of [ ] Garda Station and a formal statement of complaint was made by the Applicant to Garda [ ] on the [ ]. The three perpetrators were identified and they were each prosecuted for an offence of assault causing harm under Section 3 of the Non-Fatal Offences Against the Person Act. They each received a sentence of nine months suspended for one year. Total compensation of €3,000.00 was paid to the Applicant pursuant to the criminal proceedings.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Article 21 of the General Scheme (pre-April 2021) states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. In this case the application was received on the [ ] and is therefore within time.
Article 15 of the General Scheme (pre-April 2021) states that “Compensation will be reduced by the value of the entitlement of the victim or claimant to social welfare benefits payable as a result of the injury and will be reduced, to the extent determined by the Tribunal, in respect of the entitlement of the victim to receive, under his conditions of employment, wages or salary while on sick leave.”
Article 16 of the General Scheme (pre-April 2021) states that “The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependents by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
The Applicant was a [ ] assistant working for [ ] at the time of the incident. He was out of work following the incident. It appears that he remained out of work for three months. The Applicant’s P60 indicates that he earned €10,099.37 gross in the year ended [ ]. Total tax paid was €234.14 and net earnings was €9,865.23.. The Applicant’s loss of earnings for three months is therefore €2,466.31. He received illness benefit relating to his absence from work of €2,318.70 and his net loss of earnings is therefore €147.61.
The Applicant submitted no receipts for out-of-pocket expenses. The application form discloses no potential recoverable expense save travel for four return journeys from [ ] to [ ].
The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] when he sustained personal injury. The perpetrators were prosecuted and the Applicant received payment of compensation of €3,000.00. The Applicant was out of work for three months and sustained a loss of earnings. He received the benefit of social welfare payments during that period resulting in a minor net loss.
Pursuant to Paragraphs 14 and 15 of the Scheme, the Tribunal must take into account and deduct the compensation and social welfare payments received by the Applicant. On that basis there is no consequential net loss that can be compensated under the Scheme.
In the circumstances, the Tribunal makes no award.
Dated: 23 July 2022
Signed: Cathal Lombard, Tribunal Member