Being the victim of a criminal assault can have long lasting physical and mental consequences. To help people in this situation, the Government has a scheme called the Criminal Injuries Compensation Scheme, which compensates blameless victims of violent crime.
Victims can apply to the Criminal Injuries Compensation Authority (CICA) to make a claim for compensation.
Criminal Injury Compensation – The Criteria
To make a claim, you must meet the following criteria:
- It must be a crime of violence (see further information below under ‘What Injuries Can Be Compensated’).
- The crime must have occurred in Great Britain.
- You must have been resident in the UK on the date of the incident.
- You must have reported the incident to the police and co-operated with them.
- The incident must have occurred in the last two years, except if you are under 18 years old at the time of the incident. If the incident was reported to the police before your 18th birthday then you have until your 20th birthday to make an application, and if the incident was reported to the police after your 18th birthday then you have two years from the date of the police report to make an application.
What Injuries Can Be Compensated?
A crime of violence is a physical attack, a threat causing fear of immediate violence, a sexual assault or arson. Compensation may be paid for mental or physical injury.
You can also claim for loss of earnings if you have no or limited capacity to work as a result of a criminal injury, and for expenses payments for costs you incurred as a result.
If you have any criminal convictions, it’s important to note that your award may be withheld or reduced. Similarly, if you are still living with the person who assaulted you or if they might benefit from your award, you will not receive compensation.
If your injuries are not serious enough to meet the CICA’s guidelines, the Government has introduced The Hardship Fund which provides temporary relief from financial hardship to low paid workers who are temporarily unable to work because they have been a victim of a violent crime.
Bereavement
If a member of your family has died as a result of a crime of violence, you may be able to claim compensation for bereavement, loss of parental services and financial dependency, and funeral payments.
If you witnessed, and were present at, an incident in which a loved one was injured as the result of a crime of violence, you may also be able to make a claim for a mental injury.
Making A Claim
The Scheme is intended to be a last resort, and if you have an opportunity to pursue compensation elsewhere you should do so. The CICA may ask whether it was possible for you to claim compensation from the person who assaulted you and whether you have applied for all the benefits to which you may be entitled.
If you are attempting to claim against your assailant, they must have the financial means to pay you compensation if you are successful in proving they were to blame for the incident.
How Nelsons Can Help
Dianne Collins and Helen Froggatt are Associates in our expert Personal Injury team.
If you would like to make a claim for criminal injuries, Nelsons are experienced in handling applications to the CICA and we would be happy to advise you further on whether you have a claim and how to proceed.
For more information, please contact the team on 0800 024 1976 or via our online form.