Criminal Injuries CICA Free Advice On Payouts
If you were the victim of a crime, there are various ways of being financially compensated for any injuries you suffered as a consequence. To find out how to go about seeking compensation if you were injured having been assaulted and now suffer from any sort of psychological disorder which includes PTSD, please read on.
Court-awarded Compensation Explained
If you were the victim of a crime and the person who assaulted you was convicted through the courts, a judge may rule that your assailant pays you compensation for any of the following that you may have had to endure:
- Personal injury which includes both physical and psychological
- Any losses you incurred through damage or theft to your property
- Any losses through fraud you may have had to endure
- Loss of earnings should you have had to take time off work
- All of your medical expenses
- All of your travel costs to and from medical facilities for treatments you may need to undergo
- For your pain, suffering and loss of amenity
- Any loss, damages or injury caused because your vehicle was stolen
For compensation to be awarded through the courts, you would need to have informed the Police of all your losses and damages that you were caused. The Police report would then be sent to the Crown Prosecution Service before they make a request through the courts for you to be compensated by the person who caused you harm.
How Does The Compensation Work When Court-awarded?
Should a judge rule that the offender pay you compensation for losses and damages you incurred because you were the victim of crime, the amount you may receive would be limited to what the person who harmed you can afford to pay and could also depend on what type of sentence a court ruled against them. Should a judge send the assailant to prison, they would not typically be ordered to pay you any sort of compensation.
Another thing to bear in mind that the amount of compensation a judge may rule that an offender pays may not cover the full amount of your losses and that the offender may be ordered to pay you in instalments which they would do through the court system. The court would then pay you the money.
The court is obliged to ensure that an offender does pay the compensation to you and if you have any queries or questions about compensation payments, you should contact the clerk of the court and not the offender.
Criminal Injuries Compensation Explained
You can also apply for compensation through the Criminal Injuries Compensation Authority which is also referred to as the CICA. To be eligible you would need to meet the following criteria:
- That you were the victim of crime in the past 2 years
- That the crime was reported to the Police as soon afterwards as possible
If your claim is accepted, it would not matter that the offender had not been caught. However, there are specific rules that would affect the chances of you being compensated any money for your losses and damages. It is also worth noting that the process tends to be long and complicated which is why it often much better to seek legal advice from an expert lawyer before commencing your claim for compensation through the CICA.
It is also worth noting that when you file a claim for compensation through the Criminal Injuries Compensation Authority, you would be required to give the full details of the crime and/or attack against you which many people find upsetting. It is also worth noting that you can claim for both the physical and psychological damage you were put through having been the victim of crime as long as you can provide enough medical evidence in support of your claim against an offender.
Criminal Injuries CICA Free Advice On Payouts
What is The Hardship Fund?
It is worth noting that the Hardship Fund is provided on a discretionary basis to people who are on a low income as a way of offering financial relief when they are unable to work having been the victim of a violent crime. The Fund is available to workers who do not qualify for the Criminal Injuries Compensation Scheme 2012.
The Hardship Fund only applies to people who were injured having been the victim of a violent crime in England and Wales. The Fund is capped as £500,000 a year and it is administered by the Criminal Injuries Compensation Authority (CICA) and your application must be sent by referral by Victim Support once it has gone through an initial assessment of your eligibility.
The maximum financial support you may receive through the Hardship Fund is capped to the equivalent of you receiving 4 week Statutory Sick Pay (SSP), however this is less the first 3 days that you are off work due to having been the victim of a violent crime.
The Hardship Fund Explained
If you are on a very low income, there is the possibility of receiving temporary relief which is available through the Hardship Fund which provides financial help to workers who are obliged to take time off work because they were victims of violent crime and who only bring in a very low wage. The fund works by making payments to all victims who suffered injuries that are not covered through the Criminal Injuries Compensation Scheme.
The Hardship Fund is available to people who do not have any other financial support, an example being they are not entitled to receive Statutory Sick Pay (SSP). Should this be the case, the Fund works very much in the same way as SSP and would pay financial support on the 4th day you are unable to work and would continue to do so for 28 days.
As previously mentioned, the Hardship Fund is administered by the Criminal Injuries Compensation Authority (CICA) and it is worth noting that you can only apply should you not have been able to work for at least 7 consecutive days because you were the victim of violent crime and that the money you receive through the Hardship Fund would not cover the first 3 days of you being unable to work.
Who Is Eligible To Receive Financial Support From the Hardship Fund?
You could be eligible to receive financial support through the Hardship Fund if you meet the following criteria:
- You were the direct victim of a violent crime and as a result you were injured in either England or Wales on or after November 27th, 2012
- You were unable to work for at least 7 consecutive days due to the injuries whether physical or psychological you suffered having been the direct victim of a violent crime
- Your wages are less that the minimum required to quality for Statutory Sick Pay (SSP)
- You do not receive Statutory Sick Pay (SSP) or any other equivalent sick pay from an employer
- The injuries you suffered do not qualify you to receive compensation through the Criminal Injuries Compensation Scheme 2012
- You do not have any unspent criminal convictions because the CICA 2012 scheme disqualifies anyone from receiving financial support should there be any unspent convictions against them which includes custodial sentences or community orders. Should you have any unspent convictions, any payment you may receive would be reduced or withheld except in exceptional circumstances. It is worth noting that payments would not typically be reduced for motoring offences which resulted in fines or penalty points
It is also essential that the injuries you suffered because you were the victim of crime are reported to the Police as soon after the incident as possible which is typically within 48 hours. This ensures that the Criminal Injuries Compensation Authority is sent your application which would be processed through the Hardship Fund within 8 weeks of when the criminal incident occurred.
It is also essential that you immediately inform the Department for Work and Pensions (DWP) of any change in your circumstances should you have applied or received Employment Support Allowance (ESA) because all payments you receive through the Hardship Fund would be factored into the level of income-related Employment Support Allowance you may be entitled to receive.
How Do I Apply?
Providing you can answer “yes” to all of the criteria required to be eligible to receive financial support, you should qualify. However, you would need to provide proof to Victim Support that you may be eligible and the best way forward is to discuss your situation with a personal injury lawyer. The type of evidence you would need to provide to see if you are eligible includes the following:
- You would need to provide the crime reference number that you obtained when reporting the event to the Police. This is required as proof that you were indeed a victim of a violent crime and that the incident was reported and investigated by the Police
- A letter or a payslip issued by your employer confirming you do not qualify for Statutory Sick Pay (SSP)
- If self-employed people, the requirement is the most recent tax return showing your current income that is less than £112 a week
- A certificate from a doctor establishing that you were unable to work for at least 7 consecutive days because you were the victim of a violent crime
Victim Support would assess whether you are eligible before completing your application which would require that you give written consent for them to do so.
How An Application is Processed
Once an application has been completed, it would be processed by the Criminal Injuries Authority (CICA) who then do the following:
- Confirm the details of the violent crime you were subjected to by contacting the Police
- Check if there are any unspent criminal convictions against you which must be taken into account when determining whether you were qualify
Once this information is to hand, your application should normally be processed within 6 working days. You would be informed of a decision as soon as your application has been processed. Should the amount of financial support have been reduced or turned down, you would be informed why this is so. An example being if it is found you have some unspent convictions.
More information on claiming compensation if you have been the victim of violent crime can be found at Gov.uk where you can also find application forms. More information on the Hardship Fund, how to apply and whether you would be eligible can also be found at the Gov.uk website. You can also find out if you have a criminal injury compensation claim by visiting Legal Expert and you get get 24 hour advice and criminal injury claims service.
Criminal Injuries CICA Free Advice On Payouts