The CICA scheme has its own rules and they are applied strictly. Claims take a long time to be dealt with. It is important to seek legal advice before submitting an compensation claim application and on dealing with the CICA decision. We often appeal successfully against decisions on behalf of our clients.
An innocent victim of a crime of violence can make a personal injury claim to the government body the Criminal Injuries Compensation Authority (CICA) for compensation.
What has to be proved
To be successful in any CICA claim, it has to be established that you are the innocent victim of a violent crime. If this is proved the State will compensate you as long as your injuries have a tariff value exceeding £1000.
If the CICA believe that you have provoked or willingly participated in the assault they can withhold or reduce compensation. This is also true if you have a criminal record.
What you need to do first
It is crucial that you report the to the police as soon as it occurs to allow the police time to investigate the assault and bring the assailant to court on criminal charges. If the assault took place during your employment, you will also need to report it to your employers.
How long do you have to start your claim?
The general rule in CICA claims is that the CICA application must be lodged within 2 years of the date of the assault. If you take longer to lodge the application, the CICA may not be willing to consider and investigate the claim for compensation.
What should I do if the CICA reject the claim?
If the CICA accept your personal injury claim, they will assess and pay you compensation. They will provide you with details as to how this has been calculated.
If they reject it, the CICA can be asked to give reasons why they have turned the claim down.
CICA can review the decision if the belief is that it is wrong and do not accept the reasons for the award that has been made or as to why the claim has been rejected. This request for a Review must be made within 90 days of the initial decision.
If after the Review, you still do not accept the CICA’s decision you can formally appeal. The Appeal has to be lodged again within 90 days of the Review decision.