Criminal Injuries Compensation Authority (CICA) has a scheme that they must abide to when assessing and making a decision on all claims that are submitted to them. This scheme also has an injuries tariff enclosed too. The injuries tariff is a big long list of injuries, and next to each one, is a claim value, depending on the level of severity or type of injury.
In today’s article we are going to go through some different injuries that we commonly see, and explain how the decision process is made for certain types of injuries. We will also look at the procedural side, including the reductions that are made to payments and the minimum claim value.
Continuing on from the last point, any application that has been made to the CICA, if it can be compensated, will always be awarded a minimum of £1,000. This in turn also means that any applications that are submitted to the CICA also need to have an assessed minimum claim value of £1,000. This is calculated by looking at the CICA scheme and working out what each injury may potentially be awarded. Of course, we can never be 100% accurate as ultimately the decision lies with the CICA. We also cannot be certain because without seeing medical records we would not know if there is enough evidence to support a listed injury. Therefore, when we submit cases and Client’s ask us what their claim may be worth, we always give a bracket value as opposed to a single number.
There are some injuries that unfortunately you cannot claim for, unless they have caused further issues. A good example of this would be broken ribs. The CICA scheme does not compensate for broken ribs alone. However, if the broken rib caused damage to any surrounding organs, that then needed treatment, this would be compensated. The same applies for a broken nose. The nose itself simply being broken is not something you can claim for, but if the broken nose causes loss of smell or breathing issues and requires further treatment, this is something you can claim for. Another injuries include broken fingers, toes and teeth. For these injuries, it as to be a specific tooth, toe or finger that is broken, or multiple, to be able to claim. If an individual wanted to claim for a broken back tooth, they would be unable to.
There are some injuries that you cannot claim for regardless. Injuries such as soft tissue (Bruising, swelling) scratches and cuts that don’t scar and black eyes are all deemed by the CICA as minor injuries. Sadly, the CICA do not compensate for these types of injuries.
CICA awards are also subjected to a multiple injury formula. This means that if there are multiple injuries, a percentage will be offered for the 2nd and 3rd listed injuries. CICA compensation amounts for a criminal injury are 100% of the first injury (most serious injury), 30% of the second (most serious) injury and 15% of the third (most serious) injury. If injuries are the same severity, one is calculated at the lower percentage. For example:
Injury Number 1 – 100% of the total amount
Injury Number 2 – 30% of the total amount
Injury Number 3 – 15% of the total amount
On the application form, the CICA allows us to list 5 injuries, but they can only compensate for 3. The reason they allow us to list more is so that they can assess and order the injuries in what they think is the most to least severe. This is because the CICA order the injuries that an individual wishes to claim for, in ranks of severity. Ultimately this means that 100% is always awarded for the most serious injury. To better understand this, let’s look at it with some numbers applied:
Injury number 1 – £10,000
Injury number 2 – £4,000 – However, due to the multiple injury formula, the actual amount offered would be £1,200
Injury number 3 – £2,500 – However, due to the multiple injury formula, the actual amount offered would be £375
It is important to remember that there is a section within the scheme that details injuries that are not subjected to the formula. These injuries include; Pregnancy, STI, HIV, Hep B, Hep C and loss of foetus. This means that if you suffered a pregnancy as a result of rape, you would be paid 100% of the compensation total for the rape, and 100% of the compensation total for the pregnancy, the pregnancy would not be subjected to the 30% that most secondary injuries are.
Let’s now take a look at some examples and the potential amount you could claim;
Mental Injuries- Mental Injuries can range anywhere from £1,000 to £44,000 depending on the complexity, severity and impact on the individual. The required treatment to manage the injuries is also a factor when deciding the claim value. This means if the individual requires care in a facility or if they will require permanent psychiatric treatment for the rest of their life. With these types of injuries, we strongly recommend getting in touch so that we can personally assess your case and its factors and provide tailored advice based on the information available.
Facial Scarring – Scarring is always a tricky one to assess. Ourselves and the CICA assess scarring visual, which means that the appearance, colour, shape and texture of the scar are all factors that come in to play when determining the level of severity to compensate the scar. When claiming for scarring there are two levels: Significant and Serious. Significant scarring has a claim value of £2,400 whereas Serious has a claim value of £11,000. Generally speaking, serious scarring is often given to scars where they cross a large portion of the face, cause apparent disfigurement or cause loss of hair (eyebrow, eyelash, facial).
Broken Ankle – A broken ankle is categorised into two severity: Substantial recovery and continuing significant disability. A Substantial recovery is where even though surgery may have been required, the ankle has healed substantially and the individual is able to resume the majority of activities (Sports etc.) and doesn’t require further treatment. A continuing significant disability is where after the initial treatment is given, the injury still continues to cause mobility issues and inhibits the injured persons day to day life. It may also be categorised as a continuing significant disability if multiple surgeries are required. Substantial recovery is valued at around £2,400 whereas continuing disability is valued at £11,000.
If you have been a victim of a violent crime and have suffered Physical or Mental injuries, please contact us today. We can help assess and calculate the potential value of your claim and advise or represent you on the next steps.