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Medical Negligence
Factsheets
Criminal
injuries compensation claims
In
1964 the Government established a non-departmental public body - the
Criminal Injuries Compensation Board (CICB) to administer compensation
throughout Great Britain on the basis of common law damages to victims
of a crime of violence. The Scheme was introduced to provide an
acknowledgement of society's sympathy for the victims. In 1996 the
Criminal Injuries Compensation Authority (CICA) was established and
compensation is now administered via a tariff-based
scheme.
I have been assaulted - can I claim compensation?
If
your injuries have been caused as the result of a violent crime then you
may be able to make an application to the Criminal Injuries Compensation
Authority (CICA) for compensation.
How
can I contact them?
You can telephone or write (by post or fax) to the CICA - contact details
are given at the end of these notes.
What do I have to do?
The CICA would send you a form to complete - the Personal Injury
Application Form. Or if you are making a claim in the event of a fatality
there is the Fatal Injury Application Form.
Is
it necessary for the Police to have caught the offender for me to receive
compensation?
No. The CICA appreciate that not all offenders can be caught. However
great importance is attached to the claimant's duty to assist the
Police in their enquiries.
When I submit an application what would the CICA do?
The CICA would investigate and verify your claim by contacting the Police,
hospital, doctor, or employer etc.
When
the tariff scheme was introduced it was noted that, "it is not intended to give full compensation, but should be an expression of public
sympathy to victims of violent crime". Unlike general damages in
civil proceedings, the level of award is calculated on a strict
tariff level. There are 25 tariff levels, ranging from £1,000 up to £250,000,
and 200 injury groupings showing which level they fall into and standard
amount of awards. Further details can be found at the CICA website.
To
be accepted, your claim must be assessed to be at the minimum level -
Level 1 - £1,000.
It
is unlikely that minor injuries such as scratches or bruises will qualify
for an award. Although if a combination of minor injuries takes over 6
weeks to heal, you may have a claim.
The CICA guidelines attribute values to individual injuries. There are 25
levels of compensation with level 1 being £1,000 and level 25 being £250,000.00.
For example a dislocated jaw is regarded as being at level 5 with a tariff
of £2,000. The loss of 4 or more front teeth is regarded as at level 7,
which can attract an award of £3,000. A fractured heel bone is a level 6
claim with an award of £2,500.
If you have suffered more than one injury the award is made up of
100% of the highest rated injury, 10% of the value of the second most
serious injury and 5% of the value of the third most serious injury.
Can I claim for loss of earnings?
You can if your earning capacity has been affected for longer than 28 full
weeks.
Who can claim in the event of a fatal injury?
Dependants
or relatives such as husband or wife, unmarried long-term partners,
parents, children or former husband or wives who were financially
supported by the deceased can make a claim.
Is
there a time limit?
The CICA states that claims should be submitted as soon as possible and
must be received no later than 2 years after the incident for which the
claim is made. However, claims can be considered outside the 2 year time
limit if there is a good reason.
If the CICA fail to make an award or award a sum that is felt to
be too low is it possible to appeal?
Yes.
Appeals have to be lodged within 30 days. There is an application appeal
form and a guide to appeal procedures available.
Who pays my legal costs?
Unfortunately legal costs cannot be recovered as part of a CICA claim and
therefore we are unable to allocate a Panel Solicitor to act for you in
CICA claims.
However,
guidance notes to help you to make an application are usually included when the CICA
sends you the form. Notes are also available online at the CICA website.
If
you feel you need further advice, the following organizations might be
able to help:
The Citizens Advice Bureau
A Law Centre
Your Trade Union
Victim Support
CICA offices
The Criminal Injuries Compensation Authority has two offices. They do
not have a public counter at either of the offices so you will have to telephone
or write (by post or fax) to them.
1.
CICA
Tay House
300 Bath Street
GLASGOW G2 4LN
Telephone 0141 331 2726
Fax 0141 331 2287
2.
CICA
Morley House
26-30 Holborn Viaduct
LONDON EC1A 2JQ
Telephone: 020 7842 6800
Fax 020 7436 0804
Applications received for incidents in the Home Counties will usually be
dealt with by the London Office and applications for incidents in the rest
of England, Wales and Scotland are normally dealt with by the Glasgow
Office.
Northern Ireland has its own Scheme and details can be obtained from:
The Compensation Agency
Royston House
34 Upper Queen Street
BELFAST BT1 6FD
Telephone 028 90 249944
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