Claiming Compensation

Employees who suffer harm/ injury from violence in the course of their employment have three ways to claim compensation.

1. Taking out a private prosecution against the perpetrator of the violence.

2. By suing the employer.

3. Submitting a claim to the Criminal Injuries Compensation Authority (CICA).

You only have one bite at the cherry!

It is not possible to make more than one application where compensation is concerned. So, don’t get rushed down the wrong road!

Taking out a private prosecution against the perpetrator

Suing the offender is a course of action only ever taken if the offender has the capability to pay the ‘damages’ claimed.

Suing the employer

The Employers Liability (Compulsory Insurance) Act 1969 places a duty on employers to take out and maintain approved insurance policies against liability for bodily injury (or disease) sustained by their employees in the course of their employment. However, the fact that an employer has taken out the necessary insurance policy does not grant an injured employee an automatic right to compensation.

To be successful, claimants have to be able to prove that the employer was liable (legally responsible AND to blame) for what happened. This is not always as easy as it may seem.

Compensation payments awarded by the civil courts tend to be (much) larger and can take account of a greater element of lost earnings and the cost of future care. Civil court awards can also include exemplary damages relating to the manner in which the injury was caused or increased as well as aggravated (punitive) damages intended to punish the defendant.

Criminal Injuries Compensation

If you have been a blameless victim of a violent crime, you may be eligible for compensation under the Criminal Injuries Compensation Scheme 2012.

The Scheme is administrated by the Criminal Injuries Compensation Authority (CICA).

You can apply for compensation whether someone has been prosecuted for the offence or not, but to qualify for an award under the Criminal Injuries Compensation Scheme 2012 you must meet meet the following criteria:

  • The incident was reported to the police within 48 hours, or as soon as reasonably practicable.
  • Your injuries are serious enough to meet the minimum award or would qualify under the tariff of awards.
  • The incident happened within the last two years (in certain circumstances, usually relating to to sexual abuse/assault claims the two year time limit can be waived).
  • The incident occurred in England, Wales or Scotland.
  • You have no unspent criminal convictions other than driving offences.

To find out if you are eligible, contact Victim Support on 0808 168911 or visit: www.victimsupport.org.uk as soon as possible.

You can apply for Criminal Injuries Compensation either online or, by telephone: 0300 003 3601.

Choosing

The average time to settle a CICA claim is about 12 months, although more complex cases can take longer. This is way faster than actions for damages in the civil courts and it is a way of getting compensation that does not involve pointing the finger of blame at the employer and so avoids conflict. But, the CICA scheme restricts compensation awards in line with a National Tariff that starts at £1000 and is capped at £500,000.

Examples are:

a) Paralysis of all limbs £250,000
b) Loss of an ear £10,000
c) Loss of sight in one eye £20,000
d) Dislocated jaw £2000
e) Fractured thigh bone (with full recovery) £3000
g) Loss of one front tooth £1500
h) Facial scarring with serious disfigurement £7500

Get legal advice

Thompsons Solicitors are experts in all matters relating to criminal assaults. They will be happy to advise you as to whether or not you have a valid personal injury compensation claim and will talk you through the entire process in plain English.

For information, help or advice about making a criminal injury claim, telephone Thompsons Solicitors now on FREEPHONE 08000 224 224 or complete one of their online compensation claim forms.

To visit Thompsons Solicitors web site: Click Here

 

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