UK CRIMINAL INJURY COMPENSATION AUTHORITY CLAIM

The Criminal Injury Compensation Authority was established to administer statutory compensation for victims of violence in the UK. To qualify for an award under the CICA scheme you must have suffered a physical or mental injury which caused you to visit a doctor at least twice and from which you did not recover for at least 6 weeks.

The value of a trauma award:-

• Fatal £10,000
• Multiple facial fractures £10,000
• Rape £7,500
• Loss of one eye £25,000
• Fractured Jaw £5,000
• Displaced broken nose £2,000
• Loss of one tooth £1,500
• Fractured rib £1,000
• Fractured tibia £3,000

How is the amount calculated under the CICA tariff scheme?

• Physical and mental injuries:
  Physical and or mental injuries are graded according to seriousness. The bands range from £1,000 to £250,000. If there is a combination of minor injuries which cause at least two visits to a doctor for treatment and recovery takes at least 6 weeks then the victim may qualify.
• Compensation for loss of earnings:
  If the injuries cause the victim to lose salary, or the capacity to earn, for more than 28 weeks, the victim may be eligible for compensation for this loss. The Criminal Injury Compensation Authority will not pay damages for the first 28 weeks of lost salary or earning capacity.
• Special expenses:
  If the victim's injuries cause them to be incapacitated, or they are likely to be incapacitated, for more than 28 weeks they may be entitled to damages for any costs they have paid for medical treatment or care.

Criteria for an award

• The incident must be reported promptly to the police as even a few days delay can prejudice an award.
• The value of the trauma must be over £1,000 however relatively minor damage can justify an award.
• The claim must be made within two years of the incident and failure to do so may preclude an application for compensation.
• Road Traffic offences are excluded except where a vehicle has been deliberately used as a weapon.
• The victim must not have provoked the assailant. The claimants behaviour before, during and after the violent incident are taken into account.
• The victim’s unspent previous convictions for violence if any will affect the amount of any compensation award.
• The claimant must co-operate with the Criminal Injury Compensation Authority and the police however it is not necessary for there to be a conviction in order to claim.
• A victim of violence in a family will receive compensation provided that the offender will not benefit from any award.

There is a well established and fair appeals procedure built in to every stage of the claims process. Any interim decisions made by claims officers dealing with the application at the CICA are subject to re-consideration by a more senior officer within the department at the request of the claimant. These decisions are notified in writing to the claimant and documentation to start the re-consideration process is included in the correspondence. Final Decisions can be appealed to a totally independent Appeals Panel who are subject to scrutiny by the Parliamentary Ombudsman who will investigate allegations of maladministration by the Appeals Panel at the request of the Applicant's member of Parliament. In Scotland an application can be made direct to the Ombudsman. Information on the appeals procedure is always included in the written notification of a final decision.

Our specialists deal with compensation claims on a no win no fee basis, the terms of which will be outlined in detail to you. The CICA do not pay legal charges and if your claim is successful there will be a deduction from the monies paid to you to cover the cost of legal fees incurred on your behalf. If you would like free advice then just complete the contact form and we will phone you without obligation.