Articles by: admin3

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.

It is worth noting that if the sexual abuse or the period of sexual abuse had been reported to the Police prior to your 18^th 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 20^th 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 13^th 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.

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”

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 18^th 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 13^th 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.

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

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 1^st 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.

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 – 1^st August 1964 and 30^th 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 1^st October 1979

If you were the innocent victim of a violent crime and you lived under the same roof as your attacker before 1^st 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 1^st August 1964 and 30^th 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 12^th 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.

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.

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.

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.

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 29^th 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 18^th 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.