View Sidebar

Articles by: admin3

How Can A Criminal Injury Solicitor Help Me In Making a CICA Claim for Compensation?

How Can A Criminal Injury Solicitor Help Me In Making a CICA Claim for Compensation?

Criminal Injuries CICA Free Advice On Payouts

If you were the victim of a violent crime and you were left with either physical or psychological injuries, you could be entitled to seek compensation through the CICA for the pain, distress and suffering you had to endure. However, to qualify for compensation through the Scheme, you would need to prove that you were the blameless victim of the crime of violence that was committed against you. Because there are many rules to follow when filing a CICA claim, it is far better to seek legal advice from the outset.

To find out more about seeking compensation through the CICA scheme and how to find a Criminal Injury Solicitor near you, please read on.

The Criminal Injury Compensation Scheme

The CICA – Criminal Injuries Compensation Scheme – was set up so that innocent victims of a crime of violence can seek compensation. The Scheme is government-funded and awards people who have been subjected to violence an opportunity to be compensated for the pain and suffering they endured. With this said, the CICA does sometimes consider compensating victims for losses they sustained too. The authority compensates victims of violent crimes such as the following:

  • Rape
  • Sexual abuse
  • Child abuse
  • Historic sexual abuse 

If you were the victim of a violent crime and you would like to seek compensation through the CICA scheme, you would need to meet specific criteria and follow the strict rules that apply to this type of government-funded compensation scheme. A lawyer has vast experience in dealing with criminal injuries claims and understands that the strict time limit has to be respected for an application to be accepted by the CICA under the scheme. As such, it is far better to discuss your case with a criminal injury solicitor prior to filling out the online CICA application form.

A Criminal Injury Lawyer Would Check Whether An Application to the CICA Would be Valid

Not only would you have to show that you were the innocent victim of a violent crime for your application to be accepted by the Criminal Injuries Compensation Authority, you would also need to show that your injuries are included in the CICA 2012 tariff of injuries that are covered by the scheme. The quickest way of doing this is to contact a criminal injury solicitor as soon as possible. You can find lawyer who specialises in criminal injury claims by going online.

A Criminal Injury Lawyer Would Ensure You are Eligible to Make a CICA Claim

A criminal injury lawyer would ensure that you are eligible to make a CICA claim by checking the following:

  • That you were the victim of an assault or crime of violence
  • That you were not to blame for the incident in any way
  • That you were injured when you took “reasonable” steps to prevent or stop the crime of violence against you
  • That you were psychologically damaged because you witnessed a loved one being assaulted or a victim of a violent crime

A Criminal Injury Lawyer Would Ensure the 2 Year Time Limit For a CICA Claim is Respected

Criminal Injury Solicitor Help Criminal Injury Solicitor Help

There is a strict 2 year time limit for CICA claims to be accepted. The only time this deadline may be extended is because historic sexual abuse is part of a case. Many claims to the CICA are rejected because applications are submitted too late. Even if you miss the deadline by one day, the authority would reject your application. As such, if you are worried about running out of time or think you may need more evidence to support a claim, this could include medical reports detailing any psychological injury you suffered, you must contact a lawyer sooner rather than later to avoid falling foul of the 2 year time limit.

A Criminal Injury Lawyer Would Ensure You Provide Adequate Evidence to Support a CICA Claim?

The Criminal Injuries Compensation Authority applies strict rules to all applications through the Scheme which must be respected. If they are not, your case would be rejected by the authority. The other thing to bear in mind, is that only specific injuries are covered by the Scheme and as such, if you do suffer injuries in a violent crime, you would have to ensure that the injury you sustained is in fact listed in the CICA tariff of injuries. If your injury is not listed, your application would be turned down by the authority.

Can I Make a Claim Through the CICA Before the Outcome of a Court Ruling?

If you were the victim of a violent crime and your assailant was caught and arrested, you do not have to wait for the outcome of a trial in order to make an application for compensation through the CICA scheme. A solicitor has vast experience when it comes to understanding that time limits have to be respected and are familiar with the sort of evidence that is needed to support a criminal injury claim through the CICA scheme. The reasons why a criminal injury lawyer would recommend that you send in your application to the CICA before hearing the outcome of a trial include the following:

  • Just because an assailant has been convicted through the courts for the crime of violence committed against you does not mean that a claim application would be dealt with any faster
  • If you wait for the outcome of a trial, you run the risk of missing the strict 2 year deadline associated with making a claim for compensation through the CICA scheme

The authority would not accept any delays even if you file a claim through the scheme one day after the 2 year time limit expires.

Are There Any Reasons the CICA Would Accept a Late Application to the Scheme?

An application that is submitted late to the CICA would typically be rejected. However, should a claim involve historic sexual abuse, the authority would extend the deadline. If when submitting a claim on time and it is found that you have “unspent convictions”, your application would be rejected and you would not be able to reapply once your conviction is “spent”. A criminal injuries lawyer would ensure that you do not have any unspent convictions prior to filing an application for compensation through the CICA scheme. If they find that you do have convictions which are unspent, the lawyer would recommend that you wait until the convictions are “spent” before submitting your claim to the authority.

Can a Criminal Injury Lawyer Help Me Make a Claim Through the CICA if I Have a Life-limiting Medical Condition?

If you were the innocent victim of a crime of violence and you have a life-limiting medical condition, a criminal injury lawyer would work hard to ensure that you are awarded compensation through the CICA scheme before you pass away. This means that the authority could not stop your claim for compensation. If the injuries you suffer are so severe you pass away, close relatives may make an application for compensation through the CICA scheme. This would include:

  • A partner or spouse
  • A parental guardian
  • Natural and adoptive parents
  • The victim’s children and their step-children

Criminal Injuries CICA Free Advice On Payouts

A Criminal Injury Lawyer Would Ensure You Reported the Crime to the Police

All crimes of violence must be reported to the Police if the victim wants to claim compensation through the CICA scheme. If you do not report the incident to the Police, your application to the Criminal Injuries Compensation Authority would be rejected. If you suffered injuries in a crime of violence, you should contact a criminal injury lawyer as soon as possible so they can offer essential advice on how to proceed in filing your application to the CICA. The lawyer would ensure that you have the required Police crime reference number which must be sent in with your application to the CICA.

Why Would the CICA Reject My Application to the Scheme?

The Criminal Injuries Compensation Authority may reject your application for compensation for the following reasons, even if you have sufficient evidence proving that you were the blameless victim of a violent crime:

  • You did not report the incident to the Police
  • You were uncooperative with the Police
  • You were uncooperative with the CICA
  • The injuries you suffered are not deemed serious enough to qualify for compensation through the CICA scheme
  • You have a criminal conviction
  • You have a previous record of violence
  • You previously applied to the CICA for the same injury
  • The act of violence against you occurred outside of the UK
  • You failed to submit your application to the CICA on time

A criminal injury lawyer would ensure that none of the above applies to your application for compensation through the CICA. They would work hard to ensure that a claim runs smoothly without any delays or risks of a case being rejected. Another reason why your application for compensation through the CICA scheme could be turned down would be because of the following:

  • You commit a crime yourself after having submitted your application to the CICA – an example being you are caught drink driving and are convicted of an offence

What Level of Compensation Could I Get Through the CICA Scheme?

The Criminal Injuries Compensation Authority bases the amount they award on a tariff system which links in with the nature of an injury whether physical or psychological. With this said, the amount you may be awarded would depend on several things which includes the following:

  • The severity of the injuries you suffered – both physical and psychological

As such, you may receive anything from £1,000 right up to £500,000 bearing in mind that an injury must be deemed serious enough for your application to be accepted and that the CICA sets a minimum of £1,000 for a claim to be upheld.

What Does the CICA Pay Compensation For?

As previously mentioned, the CICA pays compensation to innocent victims of crimes of violence or assault. If the authority accepts your claim for compensation, they would consider including the following in the amount you receive:

  • Compensation for the injuries you sustained
  • Special expenses which could include home adaptations and care costs
  • Any loss of earnings you incurred
  • Fatal awards which includes bereavement, child and family dependency, funeral expenses

A criminal injury lawyer would ensure that the CICA takes into consideration all of the above when they are calculating the amount of criminal injury compensation you may be awarded having been the blameless victim of a crime of violence.

How Long Does It Take for CICA to Settle a Claim for Compensation Through the Scheme?

The CICA typically comes to a decision on how much compensation you may receive in 12 to 18 months but this would depend on the complexity of your case and the severity of the injuries you sustained having been the victim of a violent crime or an assault against you. If your injuries whether physical or psychological, are extremely severe and therefore you require ongoing therapy or long-term treatment, your case could take longer to settle. Should this be the case, a criminal injury lawyer would ensure that you receive “interim” payments so that you are not put under any unnecessary financial stress at a time when you need to focus on your health and well-being. It is worth noting that should the violent crime or the assault have taken place when you were a minor, the CICA would hold the amount of compensation you are awarded in a bank account that is controlled by the authority. Should you not be able to make decisions for yourself, the money you receive would be held in trust for you.

Would a Criminal Injury Lawyer Represent Me On No Win No Fee Terms in a CICA Claim?

A criminal injury lawyer would first establish that you are entitled to file an application for compensation through the CICA scheme and that the injuries you sustained are included in the CICA tariff of injuries. They would also need to establish that you in no way contributed to the crime of violence and once this has been determined, a criminal injury lawyer would typically offer to represent you on No Win No Fee terms.

This means that the criminal injury lawyer you contact would begin their investigations as soon as possible without having to request that you may them a retainer and there would be no ongoing payments to be made as your case progresses either. The only time a payment would be due is when you are awarded compensation through the CICA scheme and the amount would be deducted from the money you receive. This means that you would not have to find the funds to pay a criminal injury lawyer as the amount is taken out of the criminal injury compensation you receive through the CICA scheme.

Informative Links

If you were the victim of a violent crime or an assault and would like to know more about the Criminal Injuries Compensation Scheme, the following link takes you to the Government website where you will find more indepth information on the topic:

The Criminal Injuries Compensation Scheme

To find out more about the rules regarding reporting a violent crime or an assault to the Police if you want to make an application for compensation through the CICA scheme, the link provided below offers essential reading on the topic:

More about reporting a violent crime or an assault to the Police

If you would like more information regarding the evidence you would need to provide the CICA if you intend on making an application for compensation through the Scheme, please click on the link provided below:

Evidence required when filing a compensation claim through the CICA scheme
Criminal Injuries CICA Free Advice On Payouts

 

 

 

October 9, 20192 commentsRead More
Time Limit For Sexual Abuse Compensation Claims – View Online Help Guide

Time Limit For Sexual Abuse Compensation Claims – View Online Help Guide

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts

There are many crimes that are classed as sexual offences and this includes non-consensual crimes of a sexual nature whether against adults or children. If you were the victim of sexual abuse, you could be entitled to file for compensation through the CICA scheme no matter when the crime against you occurred. To find out more about the time limit for sexual abuse compensation claims, please read on.

The Definition of Sexual Abuse

As previously mentioned, there are many forms of sexual abuse which fall under serious crimes against adults and children. These crimes include the following:

  • Non-consensual rape or sexual assault
  • Crimes against children which includes sexual abuse and grooming
  • The exploitation of others for sexual purposes whether online or in person

This type of crime can be carried out by people which includes the following:

  • Strangers
  • Work colleagues
  • Friends
  • Acquaintances
  • A partner or ex-partner
  • Family members

It is worth noting that even if the crime against you happened long ago, the time that has passed does not prevent your assailant from being prosecuted for the sexual offences they committed against you. As such, you should seek legal advice from a lawyer who specialises in sexual abuse claims to find out how best to proceed with an application to the CICA scheme.

The Different Types of Sexual Abuse

Sexual abuse can involve many difference types of assault which includes the following:

  • Rape – forced penetrative intercourse whether vaginal, anal or oral by someone else, an object or other persons. If you said “no” or you were incapable of giving your consent to have sexual intercourse with another person, under the law this is classed as “rape”
  • Incest – this involves any sort of sexual behaviour/activity with a member of family/close relative who boast being a blood relative. It is worth noting that “consent” does not come into the equation because incest is itself “illegal”
  • Sexual exploitation – this refers to various kinds of abuse which includes child sexual abuse or when an assailant forces a child to perform acts of a sexual nature whether on themselves or their abuser

The Time Limit to File a Sexual Abuse Compensation Claim

Sexual abuse claims must be filed within 2 years of the offence having been committed against a victim. However, this 2-year deadline to filing a claim would not start until a victim turns 18 years of age should the crime against them have been committed when they were minors. The CICA scheme has made special provisions for applicants who were under 18 when a sexual abuse crime was committed against them.

However, it is always wiser to send in an application for sexual abuse compensation under the scheme as early as possible. If you cannot do this yourself, a guardian or parent is allowed to file an application to the CICA on your behalf. The reason it is best to file an application sooner rather than later, is that it makes it a lot easier for you to gather all the required evidence that a sexual abuse crime was committed against you which a CICA claims officer would need in order to assess your case.

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts

It is worth noting that if the sexual abuse or the period of sexual abuse had been reported to the Police prior to your 18th birthday, but an application for compensation through the CICA scheme was never filed, you have the right to file a claim right up until your 20th birthday. Should a report not have been made to the Police, you have the right to file an application within 2 years of the sexual abuse crime or period of sexual abuse having been reported to the Police.

You would be required to provide sufficient supporting evidence with an application to the CICA so that one of their claims officers can then come to a decision without the need of any further investigations being carried out for them to do so. Should you need to extend the time limit, you would need to provide the CICA with enough evidence to prove that an application could not have been made any earlier.

What the Same Roof Rule Means to a CICA Application

The “same roof rule” previously prevented anyone from seeking compensation through the CICA scheme if the incident against them happened between August 1964 and the end of September 1979 and their assailant was living as a family member when the assault occurred. The “same roof rule” no longer applies which in short, means that if you were prevented from seeking compensation because of the “rule”, you can now send in an application for sexual abuse compensation under the CICA scheme. If your application was turned down in the past because of the “same roof rule”, you now have the right to “reapply” to the CICA.

With this said, the time limit associated with applications which fall under the “same roof rule” must be received by the CICA within 2 years of 13th June 2019. The CICA does have discretionary powers to extend the 2 year deadline should you have been a child when you were sexually abused by an assailant or if exceptional circumstances prevented you from abiding by the time limit. However, all other requirements as well as criteria relating to eligibility would still apply if you want to seek sexual abuse compensation through the CICA scheme.

The CICA would only consider awarding sexual abuse compensation to victims who are blameless. They would also only consider applications from people who lost their loved ones through violent crimes. You would need to provide sufficient evidence that you were the innocent victim of a sexual abuse crime for your application to CICA to be accepted. As such, you should always seek legal advice from a solicitor before applying for sexual abuse compensation through the CICA scheme.

Having been sexually abused can leave you vulnerable and unable to trust people you know and strangers. It can be hard to come to terms with what has happened to you which is why seeking legal advice from a lawyer who knows how to deal with this type of sensitive case, can help you overcome any fears you may have about seeking the compensation your deserve. Having expert legal advice on how to go about filing a sexual abuse compensation claim through the CICA scheme would ensure that all the evidence you need to prove your case against your assailant is gathered in a timely manner.

The solicitor would act on your behalf taking a lot of the stress of having to cope with the stressful memories of your traumatic experience a lot easier to deal with from the outset. A lawyer would offer essential advice on the sort of evidence needed to make sure the CICA accepts your application and would do their best to ensure that the process runs as smoothly as possible from the outset to when you receive the money you are awarded through the CICA sexual abuse compensation scheme.

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts

Informative Links

To find out more information about the CICA scheme and how much sexual abuse compensation you may be awarded, please follow the link provided below:

Sexual abuse compensation

If you were the victim of sexual abuse and would like to have more information regarding the Criminal Injuries Compensation Act, please follow the link that is provided below:

The Criminal Injuries Compensation Act

If you would like more information on the “same roof rule” and how it no longer affects applications from blameless victims of sexual abuse, please click on the link provided below:

More information about the “same roof rule”

October 3, 20194 commentsRead More
Time Limit For Criminal Injury Compensation Claims – View Online Help Guide

Time Limit For Criminal Injury Compensation Claims – View Online Help Guide

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts

If you are filing a criminal injury compensation claim against a third party, it is important to know that the statutory time limit associated with this type of claim stands at 2 years from the date the traumatic incident occurred. As such, you should not think about waiting for the outcome of a Court decision in order to make your case because if you do, you may find that you run out of time. To find out more about making a criminal injury compensation claim, please read on.

The Statutory Time Limit to Making a Criminal Injury Claim

As previously mentioned, the statutory time limit for making a criminal injury claim through the CICA is 2 years from the date of the incident. It is possible to check if your case would be within the time limit on the CICA website. However, the CICA would consider extending the time limit if the following applies:

  • The incident occurred when you were under the age of 18. Should this be the case, the 2 year time limit to filing a criminal injury claim would begin on your 18th birthday. However, should you wish to make a claim when you are under the age of 18, you have the right to do so bearing in mind that the sooner a case is filed, the sooner the CICA can begin their investigations and the faster a settlement would be reached
  • You were the victim of historic sexual abuse which was not previously reported. As soon as you report the crime to the Police, the 2 year time limit would begin to run even if 7 years have passed before the crime was reported to the authorities
  • You suffer severe psychological issues as a result of the traumatic event you were subjected to and as such, you were not in a position to file a criminal injury claim within the time limit. However, you would need to show evidence  that is provided by either a Consultant Psychologist or a Consultant Psychiatrist for your claim to be considered by the CICA because a medical report from a therapist, counsellor or GP would not be sufficient to seek compensation under the scheme
  • An application to CICA was not made to the authority any earlier due to very exceptional circumstances
  • Further extensive enquiries have to be carried out by a claim’s officer to support the evidence that has already been provided
  • If the Same Roof Rule applies to your application

Should you want the CICA to consider an application for an incident that happened more than 2 years ago, you have to provide adequate proof that it would have been impossible for you to send in an application to the scheme any earlier. On top of this, the supporting evidence that you provide must be sufficient for a claims office to come to a decision without needing to carry out further extensive investigations into your claim for compensation through their scheme.

What Does Same Roof Rule Mean?

The time limit to making a criminal injury claim when the “same roof rule” applies to an application is also different from the normal 2 year time limit associated with this type of claim. If you applied in the past but your application was turned down, you now have the right to reapply because the “rule” is no longer part of the scheme. In short, whereas before the “same roof rule” stopped anyone being awarded compensation for incidents that happened between August 1964 and September 1979 and the assailant was living under the same roof as family, they can now make a criminal injury claim through the CICA scheme.

With this said, applications must be received within 2 years from 13th June 2019 although the CICA does have the discretion to extend the deadline if your claim involves incidents that led to you being injured when you were a child, or exceptional circumstances meant that you could meet the 2 year time limit. You would also be required to meet all other eligibility criteria as set out within the 2012 Scheme for your claim for compensation through the scheme to be upheld.

How Does the CICA Come to a Decision on a Criminal Injury Claim?

The CICA bases a decision on the “balance of probabilities” which differs from rulings made through the Criminal Court where decisions are made on the “beyond reasonable doubt”. It is essential that you start a claim through the scheme as soon as you can without waiting to hear the outcome of a criminal trial providing there is sufficient information relating to your case.

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts

Would My Criminal Injury Compensation Claim be Valid?

The CICA would only compensate innocent victims of crimes of violence and people who lost their loved ones to violent crime. It is worth noting that there does not exist a legal definition for the term “crime of violence” but in Annex B of the CICA scheme, you can find lists that define what constitutes violent crime and what does not under the terms of the scheme.

It is also worth noting that the CICA would only award compensation to people who were the blameless victims of violent crime in England, Wales and Scotland or some other “relevant place” but this would depend on the circumstances surrounding the crime which could include the locations listed below:

  • On an aircraft or hovercraft registered in the UK, chartered or owned by a UK resident, chartered or owned by someone whose principle place of business is located in the UK, that belongs to the armed forces (British)
  • On ships that are owned by the Royal Navy, British citizens, companies registered in the UK, companies whose principle place of business is located in the UK, Scottish partnerships
  • Gas and oil platforms that are located on the UK continental shelf
  • Lighthouses that are located off the UK’s coast
  • The Channel Tunnel as well as control zones

The Crime Must Be Reported to the Police

If you want to file a criminal injury claim through the CICA, under the scheme you must have reported the incident to the Police and been given a Police report reference number. Failure to have a Police report would mean that the CICA would not accept your criminal injury claim for compensation.

The incident that you were involved in must have been reported to the Police as soon as it is reasonably possible to do so. Ideally this should be immediately after the incident has occurred. Should you not have been able to report the crime to the Police, you would need to explain why there was a delay so that the CICA can assess whether you might have been able to file a report with the Police any sooner.

With this said, if any of the following applies to your claim, the CICA would take your delay in reporting the incident as being valid:

  • At the time of the incident you were too young to report it to the Police
  • You were deemed to lack the mental capacity to do so
  • The extent of the injuries you suffered prevented you from reporting the incident

The CICA recommends that any crime of violence should be reported to the Police even if you have made a report elsewhere an example being to the person in charge in a workplace. Should an incident have occurred whilst you were on “duty”, providing you followed an employer’s procedures, the CICA would not penalise you for not reporting the incident to the Police straight away.

Seeking Legal Advice When Filing a Criminal Injury Compensation Claim Through CICA

Because there are many rules that must be respected when filing a criminal injury compensation claim through the CICA scheme, it is wiser to seek legal advice from an expert lawyer from the outset. This would ensure that there are no hold-ups with your application to the authority. A criminal lawyer has the legal expertise required to ensure that a CICA application is correctly filled out and that sufficient evidence is provided from the word go.

Seeking legal advice as soon as you need to also means that once a solicitor is happy that you have strong case, they would agree to advise you and to represent you on a No Win No Fee basis. The initial consultation would be free of charge and you would be under no obligation to continue with a criminal injury compensation claim should you not want to. The solicitor would guide you through all the legal pitfalls associated with this type of claim and would help ensure that your application is accepted so that the criminal injury compensation you deserve is awarded through the CICA scheme.

Informative Links

If you would like more information regarding the CICA scheme, the link provided below takes you to the Government website:

More in-depth information on the CICA scheme

To find more information regarding how the CICA assesses an application for compensation through the scheme, and whether you would be eligible, please follow the link provided below:

CICA scheme eligibility

If you would like more information regarding the “same roof rule”, please click on the link provided below:

More information regarding the Same Roof Rule

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts
What is The Criminal Injuries Compensation Authority?

What is The Criminal Injuries Compensation Authority?

Criminal Injuries CICA Free Advice On Payouts

The Criminal Injuries Compensation Authority is also known as the CICA. The authority deals with claims for compensation from people who were subjected to crimes of violence which results in them being physically or mentally injured. The CICA covers England, Scotland and Wales and is an Agency of the Ministry of Justice. The offices of the CICA are based in Glasgow where over 200 staff are employed. The authority deals with over 30,000 claims annually and pay out over £130 million to innocent victims of a violent crime.

To find out more about the Criminal Injuries Compensation Authority and how the Scheme helps blameless victims seek compensation, please read on.

What Responsibilities Does the CICA Have?

The criteria and amounts of compensation that the CICA can pay out are set by the Government’s Criminal Injuries Compensation Scheme in their tariffs of injuries. The role of the authority is as follows:

  • To consider applications from victims of violent crime who seek compensation as set out by the Scheme

The CICA also has a compensation scheme for people who are victims of terrorism overseas.

What Are CICA’s Priorities?

The CICA’s priorities are as follows:

  • To provide a service that is accessible to victims of violent crime and to treat them with sensitivity, fairness and compassion
  • To ensure that the CICA workforce is motivated and capable of the work they undertake and that staff share the CICA values, operating a service that is both efficient and professional
  • To efficiently operate an accurate assessment process and to account for all public funds that are spent
  • To work with CICA stakeholders as well as other agencies with an end goal being to promote an effective understanding of the “statutory compensation schemes” that the CICA administers
  • To improve applicant’s experiences, to inform of process changes and develop digital services

Claiming Compensation Through the CICA Scheme if You Are a Victim of a Crim of Violence

Under the CICA scheme, you could be entitled to claim compensation if you were the victim of a violent crime providing the following applies to you:

  • You were injured in the assault against you
  • One of your close relatives died
  • Your witnessed the crime which happened to a loved one – or you were immediately present after the incident occurred
  • You paid the funeral costs of someone who died

If the assault/crime occurred in Northern Ireland, the process differs to that in England, Scotland and Wales.

What is the Time Limit to Making a Compensation Claim Through the CICA Scheme?

The deadline to making a compensation claim through the CICA scheme is set at 2 years from the date of the assault against you. However, to apply you must have reported the crime to the Police. With this said, you could be entitled to make a claim through the CICA scheme after the 2 year deadline providing either or both of the following apply to your case:

  • Your claim involves childhood abuse or it involves physical abuse
  • You were unable to claim any earlier an example being that your physical or mental health prevented you from doing so

You could also be entitled to claim compensation if an assault or crime against you occurred prior to 1st October 1979 and your assailant lived with you as a member of your family at the time of the incident which is known in legal terms as the “same roof” rule.

Can I Claim Compensation Through the CICA Scheme if I Got Injured Trying to Stop a Crime?

If you are a witness to a crime and you try to stop it, you could be entitled to claim compensation through the Criminal Injury Compensation Scheme if you are injured in the process, providing you are deemed to have taken a “justified and exceptional” risk to do so. An example being if someone is in danger and you were not trained to manage the situation.

Where Can I Get Emotional and Practical Support Following a Violent Crime?

If you were the blameless victim of a violent crime, you can get emotional and practical support from the Victim and Witness Information website if you reside in England and Wales.

If you live in Scotland, Victim Support Scotland provides both practical and emotional support and advice to people who were subjected to a violent crime.

If you are a member of a trade union, support for victims of violent crime or an assault is available to all members.

Am I Eligible For Compensation Through the CICA Scheme?

For your compensation claim to be accepted under the CICA scheme, the crime must have been to be reported to the Police if it happened in England or Wales. Other criteria that must be met includes the following:

  • Nationality – you must be a citizen of the UK, a EEA or EU national or you could be a close relative of theirs

Other criteria relating to nationality includes:

  • The member of a family of a national of the EE or EU with the right to live in the UK
  • The member of the armed forces – or a close relative who lives in their household
  • The potential human trafficking victim with the stipulation being “on or before” the date of an application which must have been confirmed by the UK Visas and Immigration as well as the “UK Human Trafficking Centre”
  • The applicant is seeking asylum
  • The national of a country which has signed up to the Council of Europe Convention on the Compensation of Victim of Violent Crimes

You may also qualify to receive compensation through the CICA scheme if you happened to be “ordinarily resident” in Britain when the crime was committed against you. The criteria would be based on your “connection” to the country – an example being if you happen to live, work or study in the UK or were a member of the family of somebody who was.

What Can I Be Compensated For Through the CICA Scheme?

When you apply for compensation through the CICA scheme, you can claim for the following:

  • The physical injuries you sustained
  • The disabling mental injuries you suffered
  • Physical and sexual abuse
  • If a close relative dies
  • If you pay the cost of somebody’s funeral
  • Your loss of earnings
  • The expenses you incurred as a direct result of the injuries you sustained whether physical or mental

If you include “disabling mental injuries” in your CICA claim, you must have been diagnosed by a clinical psychologist or psychiatrist.

Should you want to claim for your loss of earnings, you must have been unable to do paid work or to have a “very limited” ability to do so for 28 weeks or more in order to qualify. You would not receive a CICA payment for the first 28 weeks that you are off work due to the injuries you sustained.

Criminal Injuries CICA Free Advice On Payouts

Another stipulation is that you would have to have been employed when the violent crime against you occurred or during the 3 years immediately preceding the incident. If you were not in employment, you may still qualify if your circumstances meant you could not carry out “paid” work – an example being because you happened to be in full-time education, you were retired or you were caring for somebody.

You may also be able to claim your pocket expenses for the following:

  • Home adaptations, mobility aids and care
  • Damage to your physical aids examples being glasses, walking sticks or dentures

How to Make a Claim for Compensation Through The CICA Scheme

The process of filing a claim for compensation to the CICA is done online, however, it is always wiser to seek legal advice beforehand to avoid any delays or your application being turned down or delayed.

Should the incident have occurred between the following dates – 1st August 1964 and 30th September 1979 and you were living with your assailant as a member of the family when the incident happened, you may ask somebody to call you in order to begin your claim through the CICA scheme.

When making a claim to the CICA, you would need to provide the authority with the following:

  • When and where the crime occurred
  • Where the crime was reported to the Police
  • The crime reference number the Police gave you
  • The name and the address of your GP
  • Should you have suffered injuries to your teeth during the crime, you must provide the name and the address of the dentist who treated you
  • The details of any applications that you previously made to the CICA scheme
  • The details of unspent criminal convictions
  • Your proof of identity and anybody that you are responsible for – examples being a marriage or birth certificate, the power of attorney or a deed poll

If you provide any false or misleading information, your application for compensation through the CICA scheme may be turned down and you could be prosecuted.

You would also need to provide evidence that you attempted to receive compensation or money you could be entitled to through other means. Examples being as follows:

  • That you tried to claim benefits
  • That you attempted to receive insurance payments
  • Through civil court action
  • Through a case in the criminal courts – should the crime have gone to court

It is important to know that you do not have to wait for the outcome of any other claims that you have submitted in order to claim compensation through the CICA scheme.

What Happens Once You Report a Crime to the Police?

When you report a crime to the Police, you would be given a reference number which you need to attach to your compensation claim if you choose to make it through the CICA scheme. You would also need to provide the Police reference number each time you contact the authority.

The CICA would then assess your claim for compensation as follows:

  • The details that you provide in an application would be considered
  • The information that is provided by the Police which would include the evidence that you provided when you reported the crime to them, would be factored into your claim
  • The authority would establish whether you have a criminal record
  • Should your injuries have merited medical attention, the authority would take into account the report a doctor or other medical professional provided

Should CICA require any more information regarding the crime against you, they would get in touch with you before completing their assessment of your claim for compensation through the CICA scheme.

What Medical Evidence is Needed If I Claim Compensation Through CICA?

When apply for compensation to CICA, as previously mentioned, you may be required to provide a medical report which can cost anything up to £50. If you have trouble paying for the report, you can contact the CICA for help. You may also be required to be examined by a psychologist so they can produce an assessment should your claim for compensation include any mental injuries you sustained in the crime committed against you.

Working With a Criminal Injury Lawyer When Making a Claim for Compensation to the CICA

There is nothing to stop you working with a personal injury lawyer when making a claim for compensation through the CICA scheme. It is also wiser to seek legal advice from a solicitor prior to making a claim to avoid any delays or errors in an application which could result in the authority turning it down. However, if you have a disagreement with a solicitor on how much you may owe them for representing you, the CICA would not pay out the full compensation you may be entitled to receive until the dispute is resolved.

What Happens If I Disagree With a CICA Decision?

Should you disagree with a CICA decision on your claim for compensation, you can write to the authority and request they review it. You can also appeal to the Criminal Injuries Compensation Tribunal if you disagree with the CICA’s review.

What is the Criminal Injuries Compensation Tribunal?

You may file an appeal to the “First-tier Tribunal – Criminal Injuries Compensation – should you not agree with the CICA’s decision relating to your claim for compensation through the scheme. You can appeal if you are unhappy with the following:

  • The authority refused to pay any compensation to you
  • You are unhappy with the level of compensation you are awarded through the CICA scheme

The Tribunal may do the following if you file an appeal:

  • The Tribunal could uphold a CICA’s decision
  • Your award may be increased or reduced
  • A decision could be made that you do not receive any compensation
  • The Tribunal may request that the CICA come to a new decision

The deadline to making an appeal to the Tribunal begins from the date of the CICA’s reviewed decision. Should you miss the time limit to filing an appeal, you would need to provide an explication to the authority why this is – an example being that you missed the deadline because you were waiting for a medical report.

The Criminal Injuries Compensation Tribunal is an independent body and as such, they would consider both sides of an argument prior to coming to a final decision.

Where Can I Get Help When Making a Claim for Compensation to the CICA?

If you need help when making a claim for compensation to the CICA, Victim and Witness Information provides support to blameless victims of violent crimes. With this said, it is always advisable to seek legal advice from a personal injury lawyer too because making a claim for compensation to the CICA can be a complex legal process and it is essential that you get things right from the outset.

What if I Need to Update My Claim For Compensation to the CICA?

You must update the CICA if any of the following applies to you and your claim for compensation through the scheme:

  • You change your contact and personal details
  • You change solicitors or stop using a legal adviser
  • You receive compensation or any other money via another source after you have made your application to the CICA

Can I Claim Compensation if I Lived With My Attacker Before 1st October 1979

If you were the innocent victim of a violent crime and you lived under the same roof as your attacker before 1st October 1979, you can still claim compensation through the CICA scheme providing the following applies to your case:

  • The crime against you occurred between the dates of 1st August 1964 and 30th September 1979
  • You were living with your assailant as a member of their family when the incident occurred – often referred to as the “same roof rule”

You would have until the 12th June 2021 to file a claim for compensation through the CICA scheme.

Can I Still Claim Compensation Through the CICA If I Have Claimed Before?

Should you have claimed before through the CICA scheme and your case was turned down or reduced due to the “same roof rule”, you are allowed to reapply for compensation through the CICA scheme because the “rule” no longer applies.

What Advantages Does a Personal Injury Solicitor Provide When Making a Claim to the CICA?

As previously mentioned, it is always recommended that you seek legal advice prior to filing a claim for compensation to the Criminal Injuries Compensation Authority if you are the innocent victim of a violent crime. The reason being that you must provide the right sort of evidence and essential personal details when filling out your application to the CICA. Any errors or lack of evidence relating to the crime against you, could result in your application for compensation being turned down by the authority.

A criminal injury lawyer has vast experience when it comes to managing claims for compensation for blameless victims of violent crimes and are up to date on what sort of evidence is required to validate claims. Another advantage of working with a lawyer when filing for compensation through the CICA scheme is that if it is felt you have a strong case, the solicitor would work with you on a No Win No Fee basis. This takes all the financial worry of paying for legal advice when you need it the most off the table.

A personal injury lawyer would also arrange for you to be examined by an independent medical professional and the report would be submitted with your application to the authority gaining valuable time. Should you have suffered mental injuries because you were the victim of a violent crime, the solicitor would also arrange for you to be assessed by a clinical psychologist or psychiatrist and the report on your mental health they provide would be an essential part of the evidence you submit when filing a claim for compensation to the Criminal Injuries Compensation Authority.

Criminal Injuries CICA Free Advice On Payouts

Can I Claim Compensation For a Criminal Injury? – View Online Help Guide

Can I Claim Compensation For a Criminal Injury? – View Online Help Guide

Criminal Injuries CICA Free Advice On Payouts

Victims of violent crimes that leaves them injured or if their property was lost or damaged in an incident, can claim compensation whether through the CICA system or through the courts, but this would depend on the type of crime they were subjected to. If you suffered a criminal injury, you would need to show that you were the innocent victim of a “crime of violence” for your claim to be valid and there are other criteria that must be met before seeking compensation for injuries or property damage you suffered at the hands of an assailant.

To find out if you claim for compensation for a criminal injury would be valid whether through the Criminal Injuries Compensation Scheme or through civil action, please read on.

What is the Definition of an Assault?

The UK law defines an “assault” as follows:

  • Any form of physical attack or a threat to harm another human being

Should you have suffered an injury and your assailant assaulted you with the intention of injuring you, it could entitle you to file for damages either through the court system or through the CICA system. Before filling out an online application to the authority, it is always a good idea to seek legal advice from a criminal injury lawyer beforehand. If you choose to file a civil action against your assailant, you should discuss your case with a lawyer first to make sure that you have enough evidence to prove your case before a judge.

The reason being that there are rules that need to be respected for a claim to be accepted by the CICA and the evidence that you provide is a key factor as to whether your case would be accepted or rejected by the authority. A criminal injury lawyer would also be able to determine whether your case against an assailant would be strong enough to be upheld by a judge should the solicitor recommend you file legal action against your attacker through the courts.

An experienced criminal injury solicitor would offer crucial advice on how to proceed and would establish whether you have a strong enough criminal injury claim for the CICA to consider paying you the compensation you deserve having been the innocent victim of a violent crime.

Claiming Through the Criminal Injuries Scheme

If you were physically or psychologically injured in a violent crime against you, you could be entitled to file for compensation through a government’s scheme which is administered by the Criminal Injuries Compensation Authority – CICA. You could be awarded a sum of money for the injuries you sustained in the incident whether your assailant was apprehended or not. However, the process of making a CICA claim for compensation can be a complicated legal process and as such, it is always advisable to seek legal advice and representation before proceeding with a claim for Criminal Injury Compensation (CIC).

Claiming Compensation Through the Court System

Your assailant may have been convicted of the crime they committed against you in which case, the court may rule that they pay you compensation for the injuries, loss or damaged property you suffered at their hands, bearing in mind that often an attacker may not have the money to pay you any compensation even if a courts rules that they do.

The court could rule they pay you compensation for the following:

  • Personal injuries you suffered
  • The pain and suffering you had to endure
  • Any losses you suffered through theft
  • Any damage that was done to your property
  • Any losses through fraud
  • Any losses you incurred due to taking time off work
  • The medical expenses you incurred as a direct result of the injuries you suffered
  • The travel expenses you paid out to receive treatment for the injuries you sustained

For your claim to be valid you would need to provide the following:

  • The crime number the Police gave you when you reported the crime to them
  • The details of your injury, the loss or damage to your property

The Police would present your case to the Crown Prosecution Service (CPS) and a date for court would be set if it is felt there is enough evidence against your assailant. As previously mentioned, this type of claim can be complex and as such, having a personal injury lawyer represent you can make this legal process a lot easier to understand and it means you would avoid the many legal pitfalls that could scupper your criminal injury claim against your attacker from the outset.

What is the CICA Scheme?

The Criminal Injuries Compensation Scheme is government-funded and was set up to compensate blameless victims of crime in the UK. However, there are rules that must be respected when claiming compensation through the CICA scheme and you would need to provide as much evidence as you can to prove that your did not provoke an incident that left you injured or with damaged or lost property.

As previously mentioned, applying for compensation to the CICA can be a complicated process which is why it is essential to seek legal advice before submitting an application to the CICA to avoid your claim being set back or even rejected by the authority. A criminal injury lawyer would provide essential legal advice on how best to proceed before you fill out the necessary online application for Criminal Injury Compensation (CIC).

Are There Different Types of Assault?

When it comes to “assault”, there are 4 categories for which you may be able to claim compensation, bearing in mind that you would be entitled to claim if you suffered physical or psychological injuries or not.

  • Sexual assault – covers any sort of sexual behaviour or contact which happens without consent and includes stalking, groping, an alcohol or drug-facilitated assault of a sexual nature, rape and child sexual assault
  • Common assault – covers when somebody is slapped or they are hit but have no visible injuries or marks
  • Assault causing actual bodily harm – covers more serious assaults where a victim suffers visible injuries which includes scratches, bruising and/or cuts
  • Assault causing grievous bodily harm – covers the most serious violent assault on another person where an assailant intentionally causes serious harm to the victim

If you need advice and help when it comes to establishing whether you have a strong case of criminal injury, it is best to discuss the circumstances surrounding the incident with an experience criminal injury lawyer. They would quickly determine whether you should seek compensation through the CICA scheme or by taking out civil action against your assailant should they have been convicted of the assault against you.

What Type of Assault Could I Claim Compensation For?

Every assault case is treated as a serious but unique crime. However, as previously mentioned, there are several types of assault that you could claim compensation for whether through the CICA or through the civil courts which are listed below:

  • Domestic assault – this includes physical and sexual assault on a child
  • Sexual assault
  • An unprovoked attack
  • Aggravated assault
  • Assault with a weapon
  • Mugging
  • Assault in the Workplace
  • Criminal assault
  • Assault that leads to a fatality

If you were injured or suffered mental trauma having been the blameless victim of some sort of violent crime, you should contact a criminal injury lawyer who has years of experience in dealing with this type of claim. The solicitor would offer valuable legal advice on how best to proceed with your criminal injuries claim which could help speed up what is often a lengthy legal process.

Criminal Injuries CICA Free Advice On Payouts

Is It Possible to Claim Criminal Injuries Compensation if My Assailant is Not Caught?

It would not matter that your assailant remains unknown or has not been convicted of the criminal assault against you. However, you must provide evidence that you were indeed the innocent victim of the crime against you for your case to be accepted whether through the CICA scheme or through a civil action and that you did not provoke the incident that left you injured in any way.

You can claim compensation for both the physical and mental injuries you suffered having been the blameless victim of a violent crime against you. It is also worth noting that whether you sustained physical or mental injuries or not, you are still entitled to seek compensation if you were the innocent victim of a violent crime and the incident occurred in England, Scotland and Wales.

Would My Assault Claim Be Accepted By The Criminal Injuries Compensation Authority?

All people in England, Scotland and Wales who are injured having been subjected to violent crimes are entitled to apply for compensation by submitting a claim to the Criminal Injuries Compensation Authority – CICA. However, for your claim to be accepted by the authority, your injuries must be included in the authority’s “tariff of injuries”.

With this said, the injuries you sustained must meet the CICA’s criteria which is set out in the tariff of injuries scheme. When you make a claim through the scheme, the following must apply to your case:

  • You were the blameless of the crime committed against you
  • Your personal injury is listed in CICA’s tariff of injuries and that you suffered them as a result of having been the innocent victim of a violent crime in England, Wales or Scotland
  • You reported the crime to the Police and co-operated fully with the authorities throughout the investigation

The Criminal Injuries Compensation Authority has the right to reject a claim submitted to them or to reduce the amount awarded if you have any “unspent criminal convictions” against you or if you provide incorrect, false or misleading information about yourself and the incident that left you with injuries whether physical or psychological.

What is the Time Limit to Submitting a Compensation Claim to the CICA?

An application for compensation through the CICA scheme would typically need to be filed within 2 years of you having been the blameless victim of a violent crime. However, the authority has the discretion to waive the deadline in some instances, an example being that your injuries were such they prevented you from seeking compensation within the required CICA deadline.

What is the Process of Making a Criminal Injury Claim to the CICA?

If you would like to make a claim through the CICA scheme, the process starts by filling out an online application form. Following this procedure, the process progresses as follows:

  • The Criminal Injuries Compensation Authority would start an investigation into your criminal injury claim with an end goal being to determine whether you are eligible to receive compensation through the CICA scheme. Should the authority come to a decision that you are not eligible, you have the right to lodge an appeal through the Criminal Injuries Compensation Tribunal
  • If the amount of compensation offered by the Criminal Injuries Compensation Authority is too low you have the right to seek a higher amount by filing an appeal through the tribunal
  • If the authority accepts your criminal injury claim, you would be awarded a level of compensation as set out in the CICA tariff of injuries which would reflect the injury and damage you suffered having been the innocent victim of a violent crime

It is always recommended that you seek legal advice before filling out an online application for compensation through the CICA scheme because it is essential to get everything right from the outset to avoid any unnecessary delays or your claim being rejected by the authority. You would also be entitled to receive compensation for your loss of earnings, a loss of capacity to earn a wage in the future and mental injuries you suffered as a result of the violent crime committed against you providing you have evidence to support all of these claims.

What Level of Assault Compensation Can I Claim Through the CICA Scheme?

The level of compensation you could be awarded through the CICA scheme would depend on how severe your injuries are and how they have impacted both your physical and mental well-being. The awards that the Criminal Injuries Compensation Authority may award can range from £1,000 right up to £500,000.

You would be entitled to include the following in a claim made to the CICA:

  • Loss of earnings both immediate and future – the amount you receive is limited to the current rate of Statutory Sick Pay at the time of your settlement
  • The cost of care should you require help as a direct result of the injuries you suffered
  • Any court of protection fees – if you do not have the mental capacity to deal with your own financial affairs

If you seek mental distress or injuries in a CICA claim, you would need to provide a medical report that must be done by either a psychiatrist or clinical psychologist. The authority would not consider any medical reports regarding your mental health that are provided by your own GP or therapist should you be seeing on.

Who Is Entitled to Claim Compensation for a Criminal Injury?

You can claim compensation through CICA if you suffered injuries in a violent crime whether these were physical or psychological injuries. You can claim Criminal Injury Compensation even if you did not sustain any sort of injury. People who have been subjected to the following violent crimes are entitled to seek compensation through the Criminal Injuries Compensation scheme:

  • Having been assaulted
  • Subjected to sexual and physical abuse
  • Having been involved in a hit and run accident
  • Being subjected to infant assaults
  • Being the victim of a terrorist attack

A victim must have reported the incident that left them injured to the Police as soon as reasonably possible following the assault and must have been helpful as the investigation progresses. With this said, you can file a claim for compensation through the CICA scheme even if your assailant has not been identified, caught or convicted.

You would also have to the right to claim compensation on behalf of another person through the CICA scheme if the following applies to the criminal injury case:

  • If one of your children was a victim of a violent crime and they are still under the age of 18
  • If a relative does not have the mental capacity to come to their own legal decisions
  • If a loved one dies as a direct result of having been subjected to a violent crime

If you need advice and support when seeking criminal injury compensation through the Criminal Injuries Compensation Scheme, a criminal injury lawyer with years of experience would provide essential legal advice on whether you have a strong claim and if it would be upheld by the authority prior to filling out the online application form.

Could I Make a No Win No Fee Assault Claim?

Because the Criminal Injuries Compensation Authority has strict rules that have to be respected when making a claim through the CICA scheme, you should seek legal advice from the outset to avoid having your case rejected by the authority. Once a criminal injury solicitor has managed to assess your case which they would do by offering you a free, no obligation, initial consultation, they would offer to work with you on a No Win No Fee basis if they feel your case is strong enough to be accepted by the Criminal Injuries Compensation Authority.

This means you would not have to find the money to pay the solicitor an upfront fee because they would deduct their fees from the amount of compensation you receive from the CICA when they pay you a settlement that would be based on the CICA tariff of injuries and which would include any other losses and damages you incurred as a direct result of the injuries you suffered having been the blameless victim of a violent crime.

If your violent assault claim is rejected by the authority, you would not have to pay the solicitor anything for the legal advice and representation they provided because you signed a Conditional Fee Agreement with them when they agreed to take on your criminal injury claim through the Criminal Injuries Compensation Scheme. However, you have the right to file an appeal against the CICA decision with the Criminal Injury Compensation Tribunal but you should always seek legal advice from a criminal injury lawyer before doing so.

Criminal Injuries CICA Free Advice On Payouts

 

Verbal and Physical Abuse at Work, Can I Claim? – View Online Help Guide For Abuse at Work

Verbal and Physical Abuse at Work, Can I Claim? – View Online Help Guide For Abuse at Work

Verbal and Physical Abuse at Work Free Advice On Payouts

Incidents of verbal and physical abuse at work are on the rise in the UK with around 250 shop workers being assaulted in the workplace each day. However, only about a third of the incidents are officially reported to the authorities. If you were subjected to verbal or physical abuse at work and suffered injuries whether physical or psychological, it could entitle you to seek compensation for the pain and distress you endured which you can do through the Criminal Injuries Compensation Authority – CICA.

To find out more on whether your verbal and physical abuse at work claim would be valid and whether the CICA would consider paying you compensation through their scheme, please read on.

What Triggers Verbal and Physical Abuse in the Workplace?

Studies have determined that theft and the sale of “age restricted” items and products are the two main triggers for both verbal and physical abuse towards shop workers. People who shoplift often turn to violence when they are caught in the act of stealing something. The same can be said of underage customers when shop assistants refuse to sell them either cigarettes or alcohol.

However, verbal and physical abuse also occurs in the workplace with many staff and other employees being subjected to this type of aggressive behaviour by fellow workers, people who are in charge and employers.

If you were the victim of verbal or physical abuse at work, you could be entitled to file for Criminal Injury Compensation through the government funded Scheme that was set in place to help blameless victims of violence the chance to be compensated for the pain and distress they had to endure at the hands of an assailant.

What To Do if You Are Subjected to Verbal or Physical Abuse at Work?

If you are subjected to verbal or physical abuse at work, you must report the incident the person in charge or your employer. You should also report an incident to the Police and if you are injured in the incident, you should seek medical treatment as soon as possible even if you think the injuries you sustained in the assault are only minor. The reason being that something may appear minor at first, but later on the injury can turn into something a lot more severe.

There is also the mental trauma of having been subjected to verbal or physical abuse at work to think about. The incident may even lead to you suffering from post-traumatic stress disorder which could negatively impact your overall health and well-being as well as your ability to carry out your normal paid work.

Should this be the case and you choose to seek Criminal Injury Compensation through the CICA scheme, you could be entitled to claim loss of earnings and the capacity to earn in the future. You may even be entitled to include mental injury providing there is a medical reported provided either by a clinical psychiatrist or psychologist in support of your claim. A doctor’s or therapist’s report on your mental health would not be sufficient for the CICA to consider paying mental health compensation.

Claiming Compensation Through CICA or The Civil Courts

Anyone who is subjected to any sort of abuse is entitled to seek compensation through the Criminal Injuries Compensation Authority which is a government funded scheme that compensates those who are innocent victims of violence whether in the workplace or elsewhere. If you were subjected to verbal or physical abuse at work, you may also be able to claim compensation for the pain and distress you were caused as a result of the incident from your employer if it can be found that not enough was done to keep you safe from harm and injury whilst in their employment.

This could involve having installed special screens that protect staff from being attacked or other measures that keep workers safe from harm while they are carrying out their normal jobs. However, even with the best of measures to keep workers safe, many assaults are unstoppable simply because they are “unpredictable”

You may also be able to file a civil suit against your attacker, bearing in mind that they may not have sufficient money to pay any money that a court may award you in a successful personal injury claim against them.

Verbal and Physical Abuse at Work Free Advice On Payouts

What is the Criminal Injuries Compensation Scheme 2012?

As previously mentioned, the CICA scheme is government funded and it lets those who are victims of violence or who suffer what is referred to as a “qualifying injury” as set out in the CICA tariff of injuries, seek compensation for the pain, distress, losses and damages they endured at the hands of an assailant. The scheme entitles those who are subjected to any form of abuse whether it is an one-off assault on them by someone they know or a stranger to seek compensation through the Scheme.

How Do I Apply For Verbal and Physical Abuse at Work to CICA?

If you subjected to verbal or physical abuse in the workplace, you would have to provide proof that you did nothing to provoke an assault on you for your claim to CICA to be accepted. The authority would then consider whether you are eligible to claim compensation through the scheme or not.

One of the most important considerations when making an assault claim to CICA, is as follows:

  • That the incident was reported to the Police as soon as reasonably possible and that you fully co-operated with the authorities as they investigated your case against your assailant. This applies even if your attacker’s identity remains unknown or they are deceased, or even if the assault on you at work happened years ago. Failure to report an assault to the Police would result in your verbal and physical abuse at work claim being rejected by the Criminal Injuries Compensation Authority
  • That you sought medical treatment for any injuries you suffered in the assault on you and would therefore be able to provide a medical report to substantiate your claim

The process of apply for Criminal Injury Compensation is relatively simple but it is advisable to seek legal advice from a criminal injury lawyer prior to completing the necessary online application which can be found on the relevant Government website

How Do CICA Calculate Compensation?

The CICA tariff of injuries sets out the amount of compensation that you may receive if you are injured in the workplace when someone verbally or physically abuses you. As such, it is quite easy to calculate the amount of money you may receive through the CICA scheme for the injury itself. With this said, you would need to provide a detailed medical report of your injuries for the authority to consider when assessing your claim for compensation.

On top of the tariff award for your injuries, you could also claim the following:

  • Loss of earnings and potential earning power – you would only receive any money after you are off work for 28 weeks. In short, the payment would only begin on the 29th week you are unable to work due to the injuries you sustained

However, you would be asked to provide evidence of any loss of earnings you incurred which could be in the form or payslips or if you are self-employed, your most recent tax return. Without the required proof for any loss of earnings, the CICA would not consider this part of your verbal or physical abuse at work claim.

Does My Assailant Have to Be Convicted For Me To Seek Compensation Through CICA?

The person who verbally or physically assaulted you at work does not have to either be known or successfully prosecuted/convicted for you to make a claim for compensation to CICA. The only criteria is that there was a crime of violence committed against you, that you are eligible to make a CIC (Criminal Injuries Claim) and that you reported the incident to the Police at the earliest opportunity so you can include the crime reference number in your online application to the authority.

With this said, the Criminal Injury Compensation Scheme covers “violent” crimes and not just “crimes”. The authority would assess whether your case falls under the category of a “crime of violence” for them to consider it. As such, it is essential that you can prove that intentional violence was levied against you by your assailant and the more evidence you can provide, the stronger your case would be and the more chance there would be that the Criminal Injury Compensation Authority would consider awarding you compensation for the pain, distress, damage and any other losses you suffered because of the assault at work against you.

What if I Have Previous Convictions, Can I Still Claim Compensation Through the CICA Scheme?

There are strict rules that apply the Criminal Injuries Compensation Scheme 2012 which cover previous convictions. If you have any unspent convictions, the authority has the right to withhold or reduce the amount of money you may receive unless there are exceptional reasons for them not to do so. However, this would not apply to “spent” convictions under the terms of the “Rehabilitation of Offenders Act 1974”.

It is worth noting that some people who submit a claim to the CICA would have their applications turned down if specific convictions are “unspent” at the time of they were submitted to the authority which covers sentences that are excluded from “rehabilitation”. This applies to victims of a violent who were convicted of an offence that resulted in either a community order or a custodial sentence. As such, they would have to wait till their sentence is “spent” for them to be eligible which would have to be within the 2 year deadline.

If you are unsure about any convictions you have had in the past and you would like to claim compensation for verbal and physical abuse at work, you should contact a legal adviser who would determine whether any of these would negate your chances of applying for compensation to the CICA.

Are There Any Time Limits to Filing a Verbal or Physical Abuse at Work Claim to the CICA?

If you were the victim of verbal or physical abuse at work, you would have 2 years to claim compensation for the pain and distress the incident caused you. The deadline begins from the date of the traumatic event. However, if you are under the age of 18, the time limit would start from the date you turn 18 years of age providing the crime against you was reported to the authorities before your 18th birthday. Should the incident not have been reported, the time limit would begin from the date the incident was reported to the Police.

The CICA has discretionary powers when it comes to extending the 2 year deadline associated with claims for compensation through the Scheme examples of which are as follows:

  • Because of exceptional circumstances, you could not submit your application any earlier
  • The authority may require further evidence to support a claim for compensation through the Scheme

If you need help and legal advice before claiming Criminal Injury Compensation, it is best to discuss your verbal or physical abuse at work case with a criminal injury lawyer who would explain what is needed to support a claim for compensation made to the CICA.

Making Sure You have All the Evidence Required to Submit a Claim to the CICA

It is always advisable to have as much evidence as possible when seeking verbal and physical abuse at work compensation from the CICA and to gather it well in advance of submitting an application to the authority. This would include the following:

  • Copies of work records
  • Medical records and reports
  • The Police report and the Police reference number
  • Clinical psychiatrist or psychologist report if you are claiming mental injury from CICA

The more evidence that you have gathered ready to submit an application for Criminal Injury Compensation, the less chance there would be of having to endure unnecessary delays and having a claim rejected due to insufficient evidence.

How Long Does it Take to Receive Criminal Injury Compensation (CIC)?

The typical timeline for a claim for compensation through the CICA scheme can be anything from 18 months to 24 months years, depending on the complexity of a case and whether the authority would need you to provide more evidence to support any claims you request be included. If medical reports are needed, and this includes mental health reports, it could mean that a payment is delayed until the CICA is satisfied that all the necessary proof of both physical and mental injuries has been provided.

Having a criminal injury lawyer help you from the outset when seeking Criminal Injury Compensation would avoid any delays in the process. A lawyer has vast experience when it comes to dealing with verbal and physical abuse at work victims who seek compensation through the Scheme and would offer essential advice on what is required in the way of details and evidence to support your claim, whether your assailant was apprehended or convicted of violence against you.

Seeking Legal Advice From a Criminal Injury Lawyer

Because there are so many rules and criteria that must be met when applying for Criminal Injuries Compensation (CIC), it is best to seek legal advice and representation from a criminal injury lawyer prior to submitting an online application to the authority. There are many pitfalls to avoid. You would also need to ensure that you are eligible and that you have sufficient evidence to prove that you were the blameless victim of violence in the workplace when you were subjected to verbal or physical abuse at work.

The process involved in submitting a claim through the CICA scheme involves filling out an online application form and it is essential that all the relevant information is provided at the outset. An experienced criminal injury lawyer would have the necessary expertise and would therefore assist you in filling out the required information to avoid any errors being made which could result in your application being delayed or even rejected.

What if The CICA Rejects My Claim?

If your claim for compensation through the Scheme is rejected or you are unhappy with the amount you are awarded, you have the right to appeal the authority’s decision which you can do through the Criminal Injury Compensation Tribunal. The best course of action would be to have legal advice prior to appealing a CICA decision to ensure that it stands a better chance of being reconsidered and to receive a higher amount in the way of compensation through the Scheme.

Would a Criminal Injury Solicitor Represent Me on a No Win No Fee Basis?

A criminal injury solicitor would need to assess your claim to determine whether you have a strong enough case to file for Criminal Injury Compensation (CIC) should you have been subjected to verbal or physical abuse in the workplace. You would need to provide the solicitor with as much information relating to the incident as well as proof of the injuries whether physical or mental that you sustained when you were assaulted. However, it is worth noting that if it is found that you have a valid claim, you would not necessarily need to have been injured for you to claim through the CICA scheme.

The lawyer you contact would offer a no obligation, free consultation to establish whether you have a strong case and when this has been determined, they would offer to represent you without requesting that you pay them an upfront fee if you choose to work with the lawyer on a No Win No Fee basis.

If CICA accepts your claim and you receive compensation for the verbal and physical abuse at work you endured, the amount you agreed to pay the solicitor would be deducted from the amount of money you are awarded by the authority. Should your claim not succeed, there would be no fees to pay for the legal representation the lawyer provided when you sought Criminal Injury Compensation having been subjected to verbal or physical abuse at work.

Verbal and Physical Abuse at Work Free Advice On Payouts
Compensation For Assault Guide – How To Claim Injury Compensation For Assault Criminal Injuries

Compensation For Assault Guide – How To Claim Injury Compensation For Assault Criminal Injuries

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts

If you were the victim of an assault, it is the sort of traumatic experience that leaves you marked for a very long time. You may have suffered physical injuries but you could also be damaged psychologically with the result being that you develop post-traumatic stress disorder. PTSD is a condition that leaves you feeling anxious and unsure of who you can trust. To find out more about the help, support and advice you may require if you were subjected to a violent crime and whether you could be entitled to compensation for an assault, please read on.

Would My Assault Claim Be Valid?

An assault claim would be valid if the following applies to you:

  • You suffered injuries in the assault
  • One of your close relatives died
  • You witnessed an assault on a loved one – you may have been present immediately after the assault occurred
  • If a loved one died and you paid for their funeral costs
  • If you suffered injuries while attempting to prevent an assault/crime

You may be able to make a claim for compensation if you took a “justified and exceptional” risk while attempting to prevent a crime from happening. An example being that you see someone in danger and you had no training to deal with the situation.

Is There a Time Limit To Making an Assault Claim?

If you were the victim of an assault, you must make your application to the CICA within 2 years of the date of the attack. It would be a mistake to wait for the outcome of a Court hearing because it could mean that you run out of time to file a compensation claim through the CICA scheme. There are exceptions to the 2 year deadline to making a claim for compensation with CICA. These are detailed as follows:

  • The assault on you occurred when you were under the age of 18 in which case the time limit of 2 years would begin on the date of your 18th birthday. However, a claim can still be filed if you are under the age of 18 and the sooner CICA can investigate your case, the sooner you would receive the compensation you rightly deserve
  • You were the victim of historic sexual abuse which was not previously reported. Once the assaults are reported, the time limit of 2 years would begin
  • The assault on you left you with psychological issues and as such you were unable to file a claim on time. You would need to provide medical evidence from a psychiatrist or psychologist

What Are My Rights Following an Assault?

No one can stop you from reporting an assault to the Police because it is your rightto do so. The Police must also keep you informed of how their investigation is proceeding if the following applies to you:

  • You were the victim of crime or an assault
  • A close relative died which could be a partner, sibling or child

It is worth noting that your rights would be difference if you were the victim of a crime or assault in Northern Ireland or Scotland

What Happens When I Report an Assault to the Police?

When you report an assault or crime to the Police, they are obliged to give you the following:

  • Written confirmation that you reported the assault
  • The crime reference number
  • The contact details of the Police officer who is dealing with your assault case

The Police must also do the following when you report an assault to them:

  • Explain clearly what is going to happen next
  • Let you know how often you would be given an update regarding the Police investigation
  • Find out what sort of support you need by carrying out a “needs assessment”
  • Request that Victim Support contacts you within 2 days

The Police must also ask the following:

  • Do you want to provide a written statement detailing what effect the assault has had on you – which is referred to as a “victim personal statement” which can be used in court when deciding what punishment your assailant should be given when the case goes to court

What Happens During the Police Investigation into an Assault?

As previously mentioned, the Police are obliged to provide you with updates on how their investigation is proceeding. The Police must inform you within 5 days of the following:

  • The suspect has been arrested or they have been charged with the assault
  • If the suspect is released on bail or set free
  • When the suspect is given a caution, a reprimand, a final warning, or a penalty notice

As soon as the Police finish their investigation into the assault on you, they would then pass the details of their investigation onto the Crown Prosecution Service (CPS) if they have come to the decision that a crime was committed against you.

It is the CPS that decides whether there is sufficient evidence to bring the assault against you to court. Should the Police or Crown Prosecution Service decide to drop the assault charge, you must be informed within 5 days of them making the decision. Should you disagree with the decision, you have the right to ask for it to be reviewed.

What About Privacy and Confidentiality When Reporting an Assault to the Police?

To further an investigation, the Police may provide some of the assault details to the press, but the Police would request your permission to do so. However, if you were the victim of a sexual assault or rape, it is unlawful for your name, your photo or any other information about you to be used in any publications.

What Emotional and Practical Help is Available for Victims of Assault?

If you were the victim of an assault in England or Wales, Victim Support offers essential emotional and practical help when you need it the most. If you are in Scotland, Victim Support Scotland provides both practical and emotional help to people who are the victims of a violent crime or assault. If you are a member of a trade union, your representative would also provide both advice and help if you were the victim of an assault.

Filing For Assault Compensation From The CICA Scheme

For your claim for assault compensation to be accepted, it must meet the strict criteria attached to claims made through the Criminal Injuries Compensation Authority – CICA. As such, you would need to provide the following:

  • The location and the date the assault was committed
  • The Police station where you reported the incident
  • The crime reference number
  • The name and address of your GP
  • If you needed dental treatment, you would need to provide the name and address of the dentist who treated your injuries
  • Whether you have made previous applications for compensation through the CICA scheme
  • The details of all unspent criminal convictions you may have
  • Proof of identity for both you (or people who are responsible for which could be a marriage certificate, birth certificate, deed pool or power of attorney)

If you provide any false or misleading information, it could lead to a prosecution against you. You would also be obliged to offer proof that you have attempted to get compensation or receive other money you may be entitled to. Examples being as follows:

  • Benefits
  • Insurance payments
  • Civil court compensation payments
  • Payments from a criminal court case – should the case have been heard in court

You would not have to wait to hear the outcome of any other claims you have filed in order to make a claim for compensation through the CICA scheme. Although it is not essential to be represented by a solicitor, it is far better to seek legal advice before proceeding with making an assault claim through CICA. The reason being that the legal process involved is fraught with pitfalls and the rules that apply must be respected for an assault claim to be accepted.

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts

What Medical Evidence Do I Need to Provide if I Was the Victim of an Assault?

When you make a compensation claim through the CICA scheme, you would be told if a medical report is needed to support your case. This could cost anything up to £50 and financial help can be provided through the CICA scheme if you cannot afford or have difficulty paying for the report yourself. It is also worth noting that you may need to be assessed psychologically if you include mental injury in an assault compensation claim through the CICA scheme.

What if the Assault Happened Before 1st October 1979?

You can still file for compensation through the CICA scheme if you were a victim of an assault/crime if the following applies to your case:

  • The crime/assault occurred between the following period – 1st August 1964 and 30th September 1979
  • You resided with your assailant who was a member of your family at the time of the assault which is referred to as the “same roof rule”

Should the above apply to your claim, the deadline for filing a claim is 12th June 2021. You should seek legal advice from a lawyer if you want to go forward with your case because there are rules that apply which could affect how the CICA assesses your assault compensation claim and whether it is valid or not.

What Happens After I File an Assault Compensation Claim?

When you file your assault compensation claim, you would be given a reference number which you must provide whenever you need to contact the CICA. You case would be assessed by the CICA as follows:

  • All the information and details of the assault on you that you provided when filing your application for compensation
  • The information and details of the assault as provided by the Police which includes all the evidence that you provided to the Police when you reported the incident to them
  • Your criminal record
  • If required, the medical evidence provided by a doctor or other medical professional

Should the CICA require more information relating to the assault against you, they would contact you. You would also be informed of the final decision that the CICA arrives at.

Can I Appeal a CICA Decision?

If you disagree with a decision made by the CICA, you have the right to lodge an appeal through the Criminal Injuries Compensation Tribunal. The tribunal can rule the following should you decide to appeal:

  • Uphold the decision that the CICA has made
  • Reduce or increase the amount of compensation you are awarded
  • Make the decision that you should not receive any compensation
  • Request that the CICA reviews their initial decision

You would have 90 days in which to lodge an appeal to the tribunal and the time limit begins from the date that the CICA’s decision was reached. If you miss this deadline, you would have to provide why – the reason could be that you were awaiting essential medical reports.

It is worth noting that the “tribunal” is an independent body that is not attached to the government and as such, before coming to a decision, both sides get to put across their arguments.

Getting the Right Support if You Are a Victim of an Assault

If you need help and support because you were the victim of an assault, you can get in touch with Victim and Witness Information where you would find organisations that provide advice, support and help to people who need it. You also have the option to represent yourself when your case goes before a tribunal, but it is essential that you seek legal advice from an experienced solicitor beforehand.

The Victim and Witness Information website provides the following to victims of an assault and crime:

  • Counselling
  • Emotional support
  • Finding somewhere safe for you to stay
  • Finding somebody that you can speak to and receive the support/help you require
  • Providing specialist support for crimes which includes assault, sexual violence and domestic abuse

If you live in Scotland or Northern Ireland and you were the victim of an assault, the victim support provided differs from that in England and Wales.

What is the Victim Contact Scheme?

If the assault on you involved any of the following, you would be requested to join the Victim Contact Scheme:

  • You were the victim of violent crime or a sexual assault
  • Your assailant’s prison sentence is 12 months or more

You would be provided with a Victim Liaison Officer who would keep you informed of the following:

  • The length of time your assailant would be in prison and whether there are any changes to the sentence, and the date of their release
  • When your assailant would be up for parole
  • Help you put together a victim statement at your assailant’s parole hearing
  • Advice on applying for a “licence condition” which prevents your assailant from carrying out specific things once they are released from prison and this includes contacting you
  • Advice on challenging a parole decision

It is important that you keep your Victim Liaison Office of any changes in your contact details for them to be able to keep you appraised of all changes that may happen relating to your assailant. You can decide not to join the Victim Contact Scheme but you do have the option to change your mind at a later date if you choose to.

What Can I Do If My Assailant Tries to Contact Me After an Assault?

If your assailant attempts to contact you whether by letter, phone, texts or by any other means you can report this to the HM Prison and Probation Service (HMPPS) Victims Helpline

If you are worried about what may happen when your assailant is released from prison, you should also contact the HMPPS helpline.

Seeking Legal Advice If You Are the Victim of an Assault

Although you can choose to represent yourself when making a claim through the CICA scheme, it is far better to seek legal advice from a personal injury lawyer because there are rules that apply to applications that must be respected. Failure to do so could result in your application being turned down. A solicitor has the necessary experience when it comes to representing victims of an assault and know what protocols must be respected for a claim for compensation through the CICA compensation 2012 scheme to be valid.

Once the lawyer has assessed the evidence you can provide and feel that you have a strong case, they would represent you on a No Win No Fee basis. This means that you would not have to worry about paying legal fees until you receive your assault compensation which would be directly deducted by the solicitor from the amount you receive through the CICA scheme.

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts
August 26, 20190 commentsRead More
How To Make A Claim For Assault at Work Compensation? – View Online Help Guide For Assault at Work

How To Make A Claim For Assault at Work Compensation? – View Online Help Guide For Assault at Work

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts

If you were the victim of an assault at work by another member of staff, or your employer, a customer or anyone else, you could be entitled to receive compensation for the distress, pain and the injuries the incident caused you. To find out whether you have a strong assault at work claim against someone and whether you could be entitled to compensation, please read on.

What Are The Most Common Cases of Assault at Work?

You do not have to be subjected to a physical attack in the workplace to seek compensation because there are many forms of assault that could happen to you in the workplace. This could include the following:

  • Verbal abuse which includes being called rude and unwanted names
  • Being yelled or shouted at in an intimidating way
  • Being threatened verbally – examples being threats to kill or hurt a family member or friend
  • Aggressive behaviours – this includes being spat at, having your hair pulled or being stared at menacingly by someone
  • Being threatened with demotion or the sacked because you file an official complaint
  • Being pushed, kicked, slapped, scratched or punched

What Are the Consequences of Being the Victim of Assault at Work?

The most obvious signs of having been the victim of assault at work, are the injuries you sustained if you were physically attacked by someone. However, the psychological effect an attack can have on you when you were just carrying out your job, are often overlooked or ignored. This applies to the victim of an assault at work and to the people who witnessed the incident, namely fellow workers and anyone else who happened to be present in the workplace at the time.

The consequences for both victims and witnesses can be long lasting and far-reaching. It can leave you with feelings of insecurity in the workplace, stressed out and tense which in turn can affect your ability to carry out the jobs you are tasked to do during the course of a working day. Your morale too can be negatively impacted which as time goes by can lead to depression and anxiety which then affects your overall well-being and general health as well as your ability to work.

What Are My Rights If I Am Assaulted at Work?

Employers in the UK are legally obliged to ensure that a workplace is a safe environment which not only includes setting in place measure to reduce the risk of injury to employees, other workers and visitors but also to ensure that nobody is subjected to an assault at work or any other act of violence. If your employer chose to ignore their duty to keep you safe and you end up being the victim of an assault at work, they could be deemed liable. As such, you may be entitled to seek compensation for the distress, pain and loss of amenity you may have had to endure as a direct result of the attack.

What Should I Do If I Am The Victim of an Assault at Work?

Whether you are the victim of a physical or verbal assault at work, the first thing to do is get away from your assailant and if this means leaving the premises, you should do so. Once you are in a safe place, you should tell the person in charge what has happened as soon as you can whether this is in person or by telephone if you have a device on you. If you want to file an assault at work claim, you should also do the following:

  • If the assault at work was physical and you suffered injuries, you should seek medical treatment as soon as you can. You can request that the doctor who treats you provides a detailed report of the injuries you sustained making sure that even minor symptoms are included. The reason being that a slight injury can turn into something more serious further down the line
  • When possible, which should be as soon as you can safely do so, make sure that the incident is officially reported in the work’s Accident Report Book. If there is no book, you should send a personal email to your employer or you could send a letter by registered post detailing the incident and the injuries you sustained
  • Get witness statements of everyone who may have seen the assault at work on you and include their contact details. These would be required when seeking assault at work compensation
  • Write down a detailed account of the lead up to the assault while the events are still fresh in your mind. This should also include what happened as the assault took place and the events that occurred immediately afterwards
  • Contact the Police and file an assault report with them. You would need to have a Police report should you want to seek compensation through the Criminal Injuries Compensation Scheme (CICA)

You should also contact a personal injury lawyer to seek legal advice on how best to proceed and what evidence would be needed to file a claim through the CICA scheme.

Putting Your Own Safety First If You Are the Victim of Assault at Work

As previously mentioned, the first and most important thing to do when you are subjected to any sort of violence in the workplace, is to remove yourself from danger so that your assailant cannot cause you any more injury whether physical or psychological. Being assaulted at work can leave you confused, unable to think clearly with your adrenaline pumping, your sense to fight or flight kicks in. You can use self-defence to protect yourself but removing yourself from further danger is the far better option.

Seeking Medical Attention for Injuries You Suffered in an Assault at Work

You should seek medical attention as soon as you can because you may not be aware of any physical injuries you may have suffered during the attack on you. This is often the case when your adrenaline in pumping. A doctor would examine you and provide an all important report on any injuries you suffered when you were assaulted at work.

Reporting the Assault at Work to the Police

You must report an attack on you at work to the Police, more especially if you want to seek compensation for the distress, injuries and any other losses you endured through the CICA compensation scheme. The Police would start an investigation into the assault and you would be given a crime reference number which would be more essential evidence when filing for assault at work compensation through the Criminal Injuries Compensation scheme.

Reporting the Assault at Work to An Employer or Person in Charge

All too often, assaults that take place at work are not always recorded in an official Accident Report Book. As such, it is crucial that you report the incident to your employer or to the person in charge as soon after the incident happens as possible. This official report would be required if you want to seek compensation whether through the CICA scheme or other. You could send a personal email to your employer or a letter sent by registered mail detailing the assault at work that you were subjected to.

Gathering Evidence of Your Assault at Work

As previously mentioned, for a claim to be accepted through the CICA scheme, you would need to provide enough evidence to prove your case. This would include the following:

  • Photos of where the assault took place
  • CCTV footage (if available) of the incident – your employer is obliged to provide this when you ask them to and they must do so in a timely manner
  • Take photos of the injuries you sustained prior to receiving any treatment
  • Get a detailed medical report from the doctor who treated your injuries whether this is your own GP or the doctor in the Accident Emergency department of your local hospital

The more evidence you have, the stronger your case would be and this includes whether the assault at work on you was in fact, predictable. You should also seek legal advice from a personal injury lawyer when you are subjected to an assault in the workplace. The reason being they have much experience when it comes to establishing who could be deemed responsible for the violence against you.

Keeping a Diary of The Symptoms You Experience Following an Assault at Work

You may have suffered physical injuries during the assault at work that you were subjected to but you may have to cope with psychological injuries too. You should record all the symptoms you have to endure whether physical or emotional and you should do so by keeping a detailed diary of how you are feeling. You should make a note in your diary of any and all medical appointments you attend and the medication that a doctor prescribes for you.

If you want to file an assault at work claim, all this information would be needed, bearing in mind that you may need to be examined by an independent medical professional too and having a record of all your symptoms in a diary can help build the report on your physical and mental well-being following an assault at work.

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts

Should I Submit a Grievance If I Am the Victim of an Assault at Work?

If you feel that the assault at work against you was preventable, you may want to submit a grievance. You may think that your employer was aware of the risk of violence against you but they failed to pass the information to you which in itself can be very distressing.

You may find that a fellow worker did not complete information relating to any previous incidents that took place and that if the details had been correctly reported, you would have been more prepared and therefore you may have been able to avoid the assault at work against you from taking place.

When you submit a grievance to your employer, it sends the right signal that the correct measures to prevent this type of incident occurring are essential and that this type of workplace violence will not be tolerated. That in the future, fellow workers would not be subjected to the sort of assault at work that you had to endure.

Making Sure Your Employer Has Submitted a Report of the Assault at Work to RIDDOR – If Applicable

If you were unable to work for 7 days or more because of the assault at work you endured, your employer must report the incident to RIDDOR and it is essential that you check this has been done. If you find that the incident was not reported, you have the right to contact the Health and Safety Executive yourself.

Demanding Your Employer Improves Risk Assessment Following an Assault at Work

If you were the victim of an assault at work and you suffered injuries, the chances are that any risk assessments an employer carried out were not effective. As such, you have the right to demand that better risk assessments are regularly carried out in the future to prevent the risk of an assault occurring again.

Demanding that Better Training is Provided If You Were The Victim of an Assault at Work

The assault at work you were subjected to may have occurred because of inadequate training. You have the right to demand that better training is provided in the future. An example being that a care worker has not been provided with sufficient training on how to deal with a patient who suffers from dementia or autism. The consequence is the member of staff is injured while carrying out their duties. Had adequate training been provided, the injuries may have been prevented.

Keeping a Record of Your Losses and Damages Following an Assault at Work

When you are subjected to an assault at work, the chances are that you incurred financial losses. You may also have had to cope with damage to your personal property. It is essential that you keep a record of all your losses and damages because evidence of this would be required when filing for compensation whether through the CICA scheme or other.

If you are unsure on how to proceed with an assault at work compensation claim, you should contact a personal injury lawyer who would offer valuable advice on the proof required for a case to be valid and the losses, damages you could be entitled to include in your claim.

Working With a Personal Injury Solicitor on an Assault at Work Claim

As with all personal injury claims whether disputed or liability accepted, the legal process involved in filing an assault at work claim can be complex. As such, having the expertise of a personal injury solicitor work on your case, offers many advantages one of which is establishing who could be held responsible for the incident you had to endure while you were at work. Another advantage is that a personal injury lawyer would organise for you to be examined by an independent medical professional. The report that is produced would be used as a basis for the general damages you would be awarded.

Other benefits and advantages that a personal injury solicitor would bring to the table when making an assault claim would include but is not limited to the following:

  • Once satisfied that your assault at work case is strong which a personal injury solicitor would establish in an initial consultation which is free of any charge, they would represent you on a No Win No Fee basis. You would not be under any sort of obligation to go forward with your assault claim, should you not wish to
  • You would not have to find the money to pay for a personal injury lawyer to represent you when you sign a No Win No Fee agreement
  • There would be no ongoing payments to find as your assault at work case goes forward
  • If your case is complex, a personal injury lawyer would work hard to ensure that you are paid “interim payments” until a final settlement is agreed
  • A personal injury solicitor would respect all pre-action protocols which in itself can help speed up your claim
  • If you choose to claim compensation through the CICA scheme, a personal injury lawyer would help you through the process which is complex with many rules that must be respected for a claim to be accepted
  • If you require ongoing care because of the injuries you suffered in an assault at work, whether your injuries are physical or psychological, a personal injury lawyer would ensure the cost of the care is included in the compensation you receive

What Level of Assault at Work Compensation Could I Receive?

The level of assault at work compensation you may receive would depend on the severity of any injuries you sustained in the attack and how long it takes you to recover. Another factor that would be taken into account is whether your injuries led to the need to ongoing therapy. Other considerations that would be factored into the assault at work compensation you may be awarded would include the following:

  • Your loss of earnings and future earnings
  • Mental trauma you suffered
  • Medical expenses
  • Damage to your property
  • Care costs
  • Loss of amenity – whether your quality of life is negatively impacted by the injuries you suffered in an assault at work
  • Home adaptations
  • All other expenses and costs incurred as a result of being assaulted at work

As previously mentioned, it is vitally important that you keep all relevant receipts for the expenses you had to pay out because when filing a claim, these would be needed as evidence and would be used to calculate the amount of assault at work compensation you are awarded whether this is through the Criminal Injuries Compensation Authority, through the courts or in an out of court settlement.

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts
Can I Claim Compensation for Being Sexually Assaulted – View Online Help Guide

Can I Claim Compensation for Being Sexually Assaulted – View Online Help Guide

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts

If you were subjected to a sexual assault as an adult it could have drastic, long-lasting effects on you. You may find it hard to cope around people which could negatively impact your ability to work. Many victims of a sexual assault have trouble accepting they were not at fault, that it may have been their fault that they were sexually assaulted but in reality, it is the assailant who should be ashamed of their actions.

To find out more about sexual assault claims and how to go about seeking compensation through the Criminal Injuries Compensation Authority, please read on.

What is the Definition of Sexual Assault?

If a person touches you in a sexual manner without your consent, it could be construed as sexual assault. Sexual assault differs from “rape” in that an assailant penetrates your vagina or anus with any body part but not their penis. An attacker may use an object when sexually assaulting you without your consent. The definition of sexual assault or indecent assault is as follows:

  • The act of physical, emotional and psychological violation as a form of sexual act which is inflicted on you without your explicit consent

Sexual assault can also involve an assailant forcing you or manipulating you into participating or witnessing sexual acts.

Sexual assault does not necessarily involve any type of violence, nor could you be left with a physical injury or noticeable marks.

The Police treat sexual assault as a very serious crime and have specially trained officers who deal with you when you have been subjected to such a traumatic event.

Would My Sexual Assault Claim Be Accepted By the CICA?

For a sexual assault claim to be accepted by the Criminal Injuries Compensation Authority, it must meet specific criteria which are as follows:

  • The sexual assault must have been reported to the Police who would provide you with a crime reference number
  • You must fully cooperate with the Police during their investigation of the sexual assault
  • You must respect the deadline for filing a sexual assault claim through the CICA scheme which is set at 2 years from the time of the assault and the report to the Police – this can be extended in exceptional circumstances which includes if a victim has mental health issues

If you need advice on how best to proceed when filing a sexual assault claim through the CICA, it is best to discuss your case with a personal injury lawyer first. The reason being that applications to the authority must provide adequate evidence that a crime was committed for it to be accepted.

The Consequences of Being a Victim of a Sexual Assault

Being sexually assaulted or abused is a serious crime that can have long-lasting effects on you. It can lead to you suffering from post-traumatic stress disorder (PTSD) with some of the symptoms being depression, anxiety, lack of confidence and trust in people around you. Many victims of sexual assault feel they may be at fault which leads to them suffering from the following feelings:

  • Shame
  • Guilt

However, seeking advice and support from people you can trust can help you get back on the road to recovery albeit slowly because nothing happens overnight when you experience such a traumatic event. The serious distress that you experience when you are a victim of a sexual assault can take a long time to get over with memories of the event staying with you for the rest of your life.

Who Can I File a Sexual Assault Claim Against?

If you were the victim of a sexual assault, you would be entitled to file a claim for compensation against your assailant. However, depending on the circumstances surrounding the assault on you, you may be able to seek compensation from other parties which includes the following:

  • An employer who failed in their duty to keep you safe from harm in the workplace
  • An institution should the assault on you have happened on their premises while you were carrying out jobs you were tasked to do
  • An organisation should the assault on you have taken place on their premises while your assailant was carrying out their job

If you decide to seek compensation for sexual assault, you should discuss your case with a personal injury lawyer who would quickly establish who could be held liable. The solicitor would offer essential advice on the type of evidence required to prove an assault claim against a third party and how to go about seeking compensation through the CICA scheme.

How to File a Sexual Assault Claim?

You would need to gather as much evidence of the sexual assault against you which would strengthen your case. You must preserve as much evidence as you possibly can. Other evidence that would be required includes the following:

  • If you were injured in the sexual assault, take photos of the injuries you suffered before you receive any treatment
  • Keep the clothes you were wearing at the time of the sexual assault as there could be essential forensic evidence the Police could use when building a case against an assailant
  • Get a medical report from the doctor who treated you
  • Keep a record of all your hospital appointments
  • Get the names of all witnesses of the sexual assault, this includes witness statements and their contact details – this includes any people you told about the sexual assault you were subjected to

If there are no witnesses to the sexual assault you were subjected to, courts understand that many cases of this type of assault are not carried out in public. As such, a detailed description of the assault that you give to a court is usually sufficient, more especially if there is a Police report that supports a sexual assault claim against an assailant.

Do I Have to Attend Court if I File a Sexual Assault Claim?

If you live in England or Wales, you are entitled to anonymity if you bring a sexual assault claim against an assailant. You can remain anonymous throughout the entire compensation process. Should your sexual assault case go to court, you could choose to provide evidence over a video link. With this said, the majority of sexual assault claims get settled before they go before a judge in court.

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts

What Happens If My Assailant Has No Money?

If your assailant has no money, you can still claim sexual assault compensation through the Criminal Injuries Compensation Authority (CICA). The best course of action should this be the case, is to contact a personal injury lawyer who would recommend the best way to proceed and whether your case stands a very good chance of being accepted by the CICA.

What is the Criminal Injuries Compensation Authority – CICA?

The CICA is a government run body that provides compensation to those who have been subjected to violent crime such as a sexual assault. The authority was set up in the mid-sixties and every year, anything up to 35,000 cases are dealt with by the Criminal Injuries Compensation Authority with around £150 million being awarded to victims of violent crime.

Is There a Time Limit to Filing a Sexual Assault Claim?

There is a strict time limit associated with filing a sexual assault claim which is 2 years from the date of the assault. If the assault took place over a period of time, the time limit would begin from the date you reported the events to the Police. With this said, the 2 year deadline can be extended, but only if exceptional circumstance apply to a case – an example being if a victim suffers from some kind of mental health issue.

If you were sexually assaulted as a child, the time limit for making a claim is 3 years from the date of your 18th birthday. In short, you would need to file a sexual assault claim before your 21st birthday.

Should you have missed the deadline to filing for sexual assault compensation, you may lodge a request to have the deadline extended, bearing in mind that every claim is assessed on a “case-by-case” basis.

What About Confidentiality and Privacy When I Make a Sexual Assault Claim Through CICA?

The CICA treats all applications for compensation with the utmost confidentiality. As such, the only people who would know about your sexual assault claim would be the following:

  • The Police who would be required to provide proof of the sexual assault committed against you
  • Your GP or the hospital doctor who treated you and who would provide a medical report on any injuries you suffered whether physical or psychological

Your assailant would not be informed that you seek sexual assault compensation through the CICA scheme. However, you always have the option to file a civil case against your assailant should you wish to.

Would My Sexual Assault Claim be Accepted By the CICA?

For a sexual assault claim to be accepted by the CICA, you would need to provide enough evidence to establish that on “the balance of probability”, the crime was committed. Should your case have already been to court, it is typically a good indication that your claim through the CICA scheme would be accepted. However, even if your claim has not been before a judge, you could still receive sexual assault compensation through the CICA scheme providing your claim meets the necessary criteria.

Reasons Why Claims are Refused by the CICA

There are very strict rules that apply to CICA claims which must be respected, if they are not, an application would typically be turned down. Reasons why a claim for compensation may be turned down by the Authority includes the following:

  • There are unspent (live) criminal convictions
  • Cooperation with the Police was lacking during a sexual assault investigation
  • A claim was submitted after the deadline of 2 years
  • A lack of evidence provided to the CICA
  • The application was a duplicate claim which is not permitted

It is also a wise move to seek legal advice from a personal injury lawyer prior to making a sexual assault claim through the Criminal Injuries Compensation scheme.

What is the Process Once a Sexual Assault Crime Is Reported to the Police?

The Police would need to interview all parties when a sexual assault crime is reported to them. Witnesses too would need to be interviewed. These days the Police are very well equipped to deal with sexual assault crimes and have specially trained officers who know how sensitive these cases tend to be making it a lot easier for victims to cope when reporting a crime to them.

The Police may also need to be given medical reports and any other relevant evidence which they would then pass on to the Crown Prosecution Service (CPS) if the sexual assault took place in England or Wales. Should it have happed in Scotland, the Police would refer the case to the Crown Office and Procurator Fiscal Service (COPFS).

Should the sexual assault case go to trial, a window or date would be set for the hearing. This can take anything from 1 to 2 years but if the case is extremely complex with multiple victims involved, it may take even longer.

What Level of Sexual Assault Compensation Does the CICA Award?

The amount of compensation you may receive in a successful sexual assault compensation claim through CICA would depend on several things which includes the following:

  • The nature of the sexual assault
  • The severity of the assault and the injuries sustained
  • If the sexual assault resulted in long-term mental health issues

As a rough guide, the amount of compensation the CICA may award the following in a successful sexual assault compensation claim:

  • If you suffered molestation above your clothing, the amount of sexual assault compensation you may receive could be anything from £1,500 to £2,000
  • If you were subjected to penile penetrative assaults over a period of time, CICA may award you anything up to and over £16,500 up to three years duration
  • If you suffer from a permanent mental health issue as a result of the sexual assault and have been diagnosed by a clinical psychologist or psychiatrist, CICA could award you £22,000

However, all sexual assault cases are judged on a case-by-case basis which means that you may receive less or a lot more in the way of compensation for the pain, distress and harm you had to endure having been the victim of a sexual assault. As such, it is best to seek legal advice from a personal injury lawyer who would quickly assess your case and let you know just how much sexual assault compensation you are likely to receive if the CICA accepts your claim.

Seeking Legal Advice When Filing a Sexual Assault Claim

Although having legal representation is not an essential when making a sexual assault claim for compensation through the CICA, the process is complicated and if you are unable to meet the necessary criteria, you may find that your application is not successful. You do have the right to appeal a CICA decision through a tribunal, but it is far better to seek legal advice from the outset to avoid any unnecessary time delays which could result in you missing the strict 2 year deadline associated with this type of claim.

A personal injury solicitor has the necessary legal expertise needed to negotiate the many pitfalls of filing sexual assault claims and are aware of the strict process that goes into applying for compensation through the Criminal Injuries Compensation Authority (CICA). A lawyer would also help you gather the necessary evidence both of the sexual assault against you itself, and the medical evidence that may be required to prove your case. You can get free legal advice by visiting LegalExpert.co.uk.

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts
How To Claim Compensation For Child Abuse – View Our Victims Of Child Abuse Claims Guide

How To Claim Compensation For Child Abuse – View Our Victims Of Child Abuse Claims Guide

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts

If you were the victim of child abuse, it can impact you for the remainder of your life. Child abuse can involve emotional, physical, sexual and domestic abuse, but it can also involve neglect. Sadly, many young people have to live with all of the aforementioned which results in the memories staying with them throughout their lives. To find out more about child abuse and whether you would qualify to receive compensation for the distress, pain and suffering you had to endure, please read on.

Getting Help From People Who Understand The Consequences of Child Abuse

If you were abused as a child by someone who had control and power over you, it is important to seek help and support from people who understand the consequences of having to live through this type of traumatic  experience when you were still young. Many children think it is their fault that things are happening to them, but in reality, any sort of abusive behaviour towards a child is wrong and it is never the fault of a child but their abuser. Getting help and support from organisations like Victim Support, can help you come to terms with your feelings and could help you move on with your life.

The Shocking Child Abuse Statistics in the UK

Studies have established that about 1 in 4 adults both female and male have been subjected to childhood abuse. Later in life some abused children find they can move on with the help and support of their families and close friends. However, many survivors of childhood abuse remain scarred for life and find it difficult to talk about their experiences to anyone including family and friends. This has an extremely negative impact on their lives.

The Consequence of Being Subjected to Child Abuse

Victims of childhood abuse whether it was through neglect, sexual abuse or being physically or emotionally abused by someone, often keep their experiences bottled up which can result in them suffering from the following:

  • Memories of their experiences which brings on intense emotions/feelings
  • Fear and anxiety
  • Depression
  • Post-traumatic stress disorder (PTSD)
  • Sleep disorders
  • Suicidal thoughts and/or self-harm

Many adults who experienced child abuse also suffer from poor health later in their lives because they find it hard to do things like the following:

  • Being seen and examined by a GP or other doctor when they are ill
  • Having trouble going to the dentist for a check-up resulting in dental issues

Having been abused as a child, victims find it hard to seek help when it comes to their health because they fear being asked questions or being touched by anyone including medical professionals.

Some victims of child abuse put their experiences to the back of their minds, living with their feelings in secret only to suddenly recall the child abuse they experienced. Something may trigger intense feelings, it could be a bereavement, reading a news story or moving home to a new area of the country.

There are many support groups and organisations that offer help, support and advice to people who were victims of childhood abuse and this includes Victim Support. Seeking support can help you cope any overwhelming emotions you may experience as a result of having been a victim of child abuse at the hands of an abuser.

What You Should Do If You Were the Victim of Child Abuse

Having been a victim of child abuse, you may be entitled to claim compensation through the Criminal Injuries Compensation Scheme 2012 which is government funded. However, for the CICA to accept your claim, it must meet the necessary criteria set out by the authority. You would be eligible to claim child abuse compensation if your case meets the following criteria:

  • That the child abuse was reported to the Police
  • The Police must have carried out a full investigation into the child abuse crime with your full cooperation
  • You must file your application through the CICA scheme within 2 years of having reported childhood abuse to the Police

However, the deadline although strict, can be extended by the CICA if you suffer from mental health issues or because there is an exceptional reason why you could not have made an application within the 2 year deadline.

What is the CICA Scheme?

As previously mentioned, the CICA is a government run body that was established to compensate people who were subjected to any sort of violent crime. The scheme was set up in the mid-sixties a time when the compensation scheme was first created. Every year, up to 35,000 applications are processed by the CICA and around £150 million is awarded to innocent victims who were subjected to violent crime and this includes child abuse.

Would My Child Abuse Claim Be Accepted By the CICA?

Providing your child abuse claim meets the criteria set out above, and there is enough evidence to establish that on the “balance of probability” there was a crime committed against you, then your claim through the CICA scheme may be accepted. It is worth noting that should your case have gone before a judge in court, this is typically a good indication that a crime had been committed. However, it is not essential for q case to go to court for you to receive child abuse compensation through the CICA scheme as long as there is enough evidence to prove your claim against an abuser.

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts

What is the Process After I Report Child Abuse to the Police?

If you were the victim of childhood abuse, you may find it hard to tell anyone about your experiences because you are unsure of what the outcome may be. The thought of having to go to court can be very off putting to most victims but being able to tell someone about your  traumatic childhood experiences and how your life has been negatively impacted, can be liberating.

These days, the Police are very well equipped to deal with victims of childhood abuse and have specially trained officers who fully understand what you may be going through and how hard it is for you to come forward against your abuser. When reporting a child abuse crime to the Police, they would need to interview all parties involved which includes the following:

  • Your abuser
  • Witnesses
  • Your doctor or psychologist if you have been seeing someone to get either medical treatment of psychiatric help

The Police would also need to have copies of your medical records and after assessing that the crime against you was committed, the Police would then refer it to the Crown Prosecution Service (CPS) if you live in England or Wales.

For Scotland, the Police would refer your case to the Crown Office and Procurator Fiscal Service or COPFS. It is then that a decision would be made as to whether your case against your abuse can go forward and a window or trial date would be set. A court case may take from 1 to 2 years to be heard and more complicated cases that involve more victims can take even longer to be heard.

You may not need to attend court or for your child abuse case to succeed in court for you to file a claim for child abuse through the CICA scheme providing you can meet the “eligibility test” that establishes the following:

  • A crime was committed against you on the “balance of probability”

It is best to seek legal advice before making a child abuse claim against an abuser through the CICA scheme to avoid any unnecessary delays or your case being turned down by the authority due to a lack of evidence.

What Happens if the Police Do Not Take Any Action Against an Abuser?

Even if the Police do not take any further action out against your abuser after having commenced their investigation, it does not mean you cannot make a child abuse claim through the CICA scheme. A solicitor would be able to advise you on whether your case meets the “balance of probability test” which all applications must meet for the case to be accepted before submitting your application to the Criminal Injuries Compensation Authority.

If you need help and support because you would like to seek compensation for the child abuse you had to endure, another organisation that provides essential advice and support to survivors of childhood abuse is NAPAC.

What About Confidentiality and Privacy When Making a Child Abuse Claim Through the CICA Scheme?

If you have concerns that your privacy and confidentiality are at risk if you make a child abuse claim against an abuser through the CICA scheme, it is important to remember that this is taken very seriously by the authority which protects all victims and their privacy at all times and throughout the legal process. The only people who would be made aware that you are making a child abuse claim would be the following:

  • The Police who would need to provide essential evidence to the authority relating to the child abuse against you
  • Your doctor of psychologist if medical reports are required to substantiate your child abuse claim against an abuser
  • Witnesses who would need to provide statements both the Police and the Criminal Injuries Compensation Authority

At no time during the child abuse claim process would your abuser be informed that you are seeking child abuse compensation through the CICA scheme. With this said, should you want to, you have every right to seek compensation from an abuser by filing a civil suit against your abuser, in which case, the abuser would have to be told of your intentions.

What Evidence Would I Need to Provide When Making a Child Abuse Claim to the CICA?

When making a child abuse claim through the CICA scheme, the authority would want to substantiate all the allegations made against an abuser. The “balance of probability” must be determined as to whether a crime was committed towards a victim and that wrongdoing and criminal intent was indeed accepted as a fact by the Police.

As previously mentioned, the more evidence that can be provided to substantiate a child abuse claim, the more chance that your claim for compensation to the CICA would be accepted. This may include providing medical reports and records as well as witness statements. The medical report would prove any mental health issues you may suffer from as a result of having been abused as a child which includes if you suffer from post-traumatic stress disorder (PTSD). Providing this type of evidence could also improve your chances of being awarded any loss of earnings you may have had to endure which could be included in a child abuse claim through the Criminal Injuries Compensation scheme.

Can I Include a Serious Long-term Mental Health Issue in a CICA Claim?

Many victims of childhood abuse suffer from PTSD – post-traumatic stress disorder. Should this be the case, you could be entitled to include the fact that you do suffer from the disorder when making a child abuse claim through the Criminal Injuries Compensation scheme. With this said, for the CICA to award compensation for serious mental health issues, it must be classed as a “disabling mental injury” and your condition must have been diagnosed by either a clinical psychologist or a psychiatrist for the Criminal Injury Compensation Authority to accept your claim.

CICA do not consider any evidence of mental health issues that are provided by your GP or therapist if you have been seeing one as enough proof that you suffer from a mental health issue because you were abused as a child. Therefore, the authority would reject any claims relating to mental health issues and would not accept this as part of you child abuse claim.

How Long Does it Take for A CICA Claim for Child Abuse Compensation Usually Take?

The majority of CICA claims are settled within 12 to 18 months of an application being submitted to the authority. With this said, there are two ways that your case could be assessed  which would dictate how the authority assesses your childhood abuse claim against an abuser. These are as follows:

  • You can opt to settle an eligible claim using only Police evidence
  • You could choose to settle an eligible claim using both Police evidence and medical evidence

Should you not have suffered from any mental health complications, a personal injury lawyer may recommend that you opt for the “Police only” method of assessing your child abuse claim which could see you receiving a final settlement reached within six months of submitting your claim to the authority.

However, if you developed serious mental health issues because of the child abuse you were subjected to, then choosing the second option of having both Police and medical evidence used to assess you claim would be the better option. The reason being that the medical condition you suffer from would not be considered if you choose Police evidence only. This could result in you being awarded far less in the way of child abuse compensation than you may be entitled to receive through the Criminal Injuries Compensation scheme.

Seeking Legal Advice From a Personal Injury Lawyer When Making a Child Abuse Claim

It is always wiser to seek legal advice from a personal injury lawyer before making a child abuse claim through the Criminal Injuries Compensation scheme. A lawyer with vast experience of handling this type of delicate case understands that filing for compensation against an abuser brings back many bad memories and as such, they treat you with the respect you deserve.

Personal injury solicitors such as LegalExpert.co.uk also understand the complexities of making a child abuse claim through the CICA scheme and respect the strict 2 year time limit associated with this type of case. They also appreciate that providing substantial evidence is a necessary requirement so that CICA are able to prove the “balance of probability” that criminal intent was committed against you was established.

The solicitor would also represent you on a No Win No Fee basis, which means their fees for representing you would be deducted from the amount of child abuse compensation you are awarded through the CICA scheme. A lawyer would also ensure that should your case go to court, you have the option not to appear and confront your abuser, bearing in mind that the majority of child abuse claims are settled before they go before a judge.

Criminal Injuries CICA Free Advice On Payouts Sexual Abuse Criminal Injuries CICA Free Advice On Payouts