Assault cases and the Criminal Injuries Compensation Authority

As well as personal injury claim can I claim from the Criminal Injuries Compensation Authority? (“CICA Claim Process”). The CICA provides compensation to victims of violent crimes, including workplace assault.

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The Criminal Injuries Compensation Authority (CICA) Claim Process

Report the Crime

File a police report immediately after the assault. This is a prerequisite for CICA claims.

Gather Documentation

Collect evidence, including the police report, medical records, and any other supporting documents.

Submit the CICA Application

Complete the CICA application form, providing detailed information about the incident and its impact on your life.

CICA Assessment

The CICA will assess your application, considering the severity of the assault and its consequences. This may involve a review of your medical records and other supporting documents.

Compensation Decision

Once the assessment is complete, the CICA will decide regarding your compensation. If approved, you will receive compensation for medical expenses, lost earnings, and other applicable damages.

Things to note about the CICA

Compensation is based on a tariff system. The scheme sets out a large number of specific injuries each of which has a prescribed monetary value. No compensation is payable unless the injury attracts a minimum value of £1,000.

Loss of earnings is not payable unless the absence from work exceeds 28 weeks. Other expenses may only be paid if you as the claimant has been off work for more than 28 weeks.

The Criminal Injuries Compensation Authority scheme has a number of important provisions

The incident must have been reported to the police without delay. A delay of even a few days may be enough to rule out or reduce an award. A delay may be explainable due to a medical condition or mental health provision. If you have been assaulted at work a report to your employer may be treated as sufficient.
You must have co-operated fully with the police in bringing the attacker to justice. Withdrawal of a complaint or refusal to give evidence will usually result in refusal of the claim.
Your own conduct before during or after the incident will be considered and may prevent or reduce an award. If you have provoked an argument or voluntarily taken part in a fight that will generally result in refusal of the claim.
If you have criminal convictions these will be considered and may prevent or reduce an award depending on the number and seriousness of the convictions and how recent they are.

It is important to note that if the CICA does make an award, the award will not include your legal costs. These will have to be paid out of the award. For that reason, it important you speak to us and we will consider whether your claim would benefit from legal representation and importantly whether it is justifiable to act for you. It will not be possible for us to act in low value cases and it would not be economic for you to instruct a solicitor in such cases. However, we are happy to speak with you and give guidance as to whether we can act in your CICA without charge.

Personal injury compensation payment received?

Where you have taken a personal injury case for the same incident as your CICA application, the CICA may seek to recoup the amount they paid to you in their determination, dependant on the circumstances. In most cases a personal injury compensation claim gives higher compensation that the tariff CICA Scheme. The CICA will look to ‘claw’ back their payment from any compensation payment received by you following a civil claim for the same incident. This is something to consider when progressing with a CICA claim.

Contact Us

If you or a loved one has experienced an injury reach out to Speir Buchan today. We are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the justice and compensation you deserve.