Compensation for Criminal Injuries
By Jane Booker
Assaults in the workplace are on the increase. Whilst your employers are duty-bound to ensure your health and safety at work, what should you do if you become the victim of an assault?
Not everyone is aware the government runs a scheme to compensate people injured as a result of a crime. To succeed in a claim, it is important strict time limits and criteria are adhered to.
The scheme is run by the Criminal Injuries Compensation Authority (CICA).
This article summarises the scheme as it applies in England, Scotland and Wales. There is a separate scheme run in Northern Ireland.
How long do you have to make a claim?
Generally an application must be made within two years of the assault taking place, unless you can show good reasons why the claim was not lodged within that period.
Who can claim?
Anyone who has suffered a physical or mental injury as a result of a criminal act or crime of violence in England, Scotland or Wales. It should be noted that your own conduct and criminal record can be looked at when the CICA are considering whether to make an award.
If the CICA consider your behaviour or drunkenness or use of drugs led to or contributed to the incident they can reduce your award or in extreme cases make no award at all.
In certain circumstances the dependent or close relative of a victim of a crime who has since died can make a claim.
If you are under 18 then the person with parental responsibility for you should make the application.
What is a "criminal act/crime of violence"?
There is no formal definition as such but it includes physical assaults, wounding, arson, poisoning, and injury whilst trying to prevent another committing an offence provided you were taking a justified and exceptional risk in doing so.
In certain circumstances it can include an injury caused by an animal if, for example, a dog is deliberately set upon you, or if the attack was by a dog, which was known to be vicious towards humans, and the lack of control by its owners can be shown to be reckless.
If a vehicle is deliberately driven at you and used as a “weapon” then you may also be eligible for an award.
Criteria for a successful award
The injury must be deemed to be more than minor. However, if you suffer three minor injuries in the assault, and one of them is causing you significant problems for over six weeks, and you have had at least two attendances either at your GP or the hospital in that six week period, you may be entitled to compensation.
Again, this is only if the CICA assess that together the injuries are valued in excess of £1000.
Normally, the matter must have been reported to the police as soon as possible (unless good reason can be shown why this was not possible).
There are certain circumstances when a report to another body such as the local authority is appropriate, but the safer option is to always report a matter to the police.
It is not necessary for anyone to have been convicted of the assault on you.
For mental injury there are special conditions to meet, especially if there is no physical injury with it.
Compensation
The CICA can only make an award for expenses and losses in the more serious cases. The amount for your injury is set in the strict tariff, which has different levels of awards for different injuries.
The minimum award CICA can make is £1000, with £500,000 the maximum. If they deem your injury as valued at below this figure then no compensation will be awarded. If your injury is assessed by the board as having a value of £1000 or above, but they then reduce it by say 50% for your own conduct leading to the assault, they can still make an award.
Wage losses can only be awarded once you have been off work over 28 weeks. You can then only recover your wage loss in excess of the 28 weeks. In addition, if you receive state benefits, some of these have to be deducted from the calculation for your wage loss. This is to avoid you receiving two payments from the state for the same item.
Other expenses (called "Special Expenses" under the scheme) can only be claimed in cases where you have been off work over 28 weeks, but can be reclaimed in full from the date of the incident. Examples of allowable special expenses are things like any adaptations needed to your house or medical expenses.
How do I make a claim?
There is a pre-printed form, which to complete, you will need to have a crime reference number, name of the police officer dealing with your matter and the details of your GP and hospital.
As part of the form, you will have to sign a declaration authorising the CICA to have access to your GP and hospital records.
It is important that you complete the form fully and accurately, as your claim will be assessed upon its contents.
It is also vital you co-operate fully with any requests from the CICA and that you reply promptly to all correspondence.
How long will the claim take?
Once your completed form has been received, the CICA will assign you a reference number. You should always quote that number in any contact with them. If the matter is straightforward, then it will take, on average 12 months, for the CICA to complete your application. The matter may take longer if, for example, any criminal proceedings are still outstanding or your medical treatment is not yet complete.
How to appeal a decision
This is a two-stage process. Firstly, if you are unhappy with the amount of the award or a decision not to make an award, you have to apply within 90 days for a review.
After the review has taken place, if you are still not satisfied you can lodge an appeal within 90 days. There will then be a hearing that you must attend before the Appeals Panel. The panel is made up of a three independent members of the CICA. They will reconsider the paperwork and hear any verbal evidence.
For further information please contact Jane Booker at MWR Solicitors on 0800 731 0717 or at jane.booker@mwrlaw.com.
