Criminal Injuries Compensation Claim specialists.
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Criminal injuries compensation claimsIntroduction
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 will send you a form to complete - the Personal Injury Application Form. 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 will the CICA do?
The CICA would investigate and verify your claim by contacting the Police, hospital, doctor, or employer etc.
How much will I receive?
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. Click the "Guide to Criminal Injuries Compensation Scheme" link on the left. A PDF-format guide is available on the page. (You'll need 'Adobe Acrobat' to read it)
Here is a summary
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 take over six 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. For example, a dislocated jaw is regarded as being at level 5 with a tariff of £2,000. The loss of four 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 two years after the incident for which the claim is made. However, claims can be considered outside the two 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 thirty 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
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.
300 Bath Street
GLASGOW G2 4LN
Telephone 0141 331 2726
Fax 0141 331 2287
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
34 Upper Queen Street
BELFAST BT1 6FD
Telephone: 028 90 249944