How to Claim Compensation For a Fractured or Dislocated Ankle Through CICA?

A broken or dislocated ankle can often lead to long term issues with mobility and weight bearing. When this type of injury is suffered as a result of a violent crime, the CICA assess a broad spectrum of factors to determine the level of award the Applicant will receive, and also any additional awards they may be entitled to, such as special expenses and loss of earnings. On top of the physical aspect of the injury, the psychological repercussions of no longer having the same level of mobility as you once did can have a detrimental impact on the victims mental health.

Who can I claim against?

With all kind of claims, the offender themselves can be claimed against directly. However, this isn’t always the best option. The offender would need to have the money and resources for the claim that is being made against them. The Claimant would also need to likely have funds to seek representation, as most firms would not take on a private claim on a no win no fee basis. The most common and easily accessible route for all is through the CICA (Criminal Injuries Compensation Authority) a division within the government who compensate victims of violent crimes.

How can I claim for an injured ankle through the CICA?

Claiming for an injured ankle through the CICA follows the general CICA claims process. An initial application form is completed and sent to the CICA either online or via post. This application form has information such as the police reference number, reporting date and medical information such as the hospital visited if applicable and so on. The CICA receive this application and check it for any immediate apparent issues. They then move on to requesting the police information. This includes reports and statements. Once received, this is checked again, and then the medical evidence is requested.

This is the responsibility of the representative or Applicant to gather, and generally consists of medical records. Sometimes, the CICA can ask for a medical report to be completed, either by a GP or specialist and often there is a cost associated with this. If you have suffered an injury that has led to an injured ankle, the CICA will also likely review any specialist evidence. This is evidence and treatment that has been documented and provided by anyone other than a general treatment provider. For an injured ankle, specialist evidence could be reports from an orthopedic surgeon to treatment and rehabilitation by a physiotherapist. Specialist evidence may also cover any mental health records that directly relate to a diagnosis as a result of the incident that occurred.

How much could I claim for a broken or dislocated ankle through the CICA?

Below are some figures that the CICA may potentially award for an injured ankle, depending on different factors and the evidence available:

• Fractured/Dislocated ankle – One ankle substantial recovery – £2,400 continuing disability – £11,000
• Fractured/Dislocated ankles (Both) – Substantial recovery – £6,200 continuing disability – £16,500
• Sprained ankle disabling for 13 weeks or more – £1,000
• Both ankles sprained, disabling for 13 weeks or more – £1,800

The CICA will look at several factors when determining the severity of the injury. They will primarily focus on the medical evidence and the comments of the primary treatment provider. They will also focus on any prognosis given as this will give them an idea of how long the injury is likely to last, or if it is permanent. They will also look at the impact the injury has had on the Applicant’s life. This means looking at factors such as mobility, if the Applicant requires walking aids or is unable to drive anymore, and if their previous level of fitness has been impacted. 

The CICA also has a multiple injury formula. This means that they will pay 100% of the most severe injury, as per their assessment. They will then pay 30% of the second most serious and 15% of the third. You are only eligible to claim for 3 injuries via the CICA, but it is worth listing them all, as the medical evidence available may suggest that an injury you deemed as minor could actually be worth more via the CICA scheme. 

Am I eligible to claim through the CICA?

In order to be eligible to claim via the CICA, there are several criteria which you have to meet. Below, are some briefly outlined. For a full understanding or assessment of eligibility, please contact us:

• Reported and cooperated in bringing the Assailant to justice – This means that the applicant needs to have not only reported the crime and given a statement, but also have supported the police as best they can in the investigation. This means cooperating and pressing charges if offered to do so. If the police or CPS choose to drop the case based on their own assessment or decision, then this wouldn’t affect the Applicant as this is something out of their control.
• Not have unspent criminal convictions – This means that the applicant cannot have any ongoing or open convictions. It is not common knowledge that after a conviction has been carried out, there is sometimes a period of time afterwards where it is still classed as unspent. This varies based on the outcome of the conviction. As an example, If you were handed a prison sentence of 4 years or more, this would never be spent, under the rehabilitation of offenders act 1974. This even applies if you only served 2 years, as the calculation is based off of the sentence given, not served.
• Not have claimed compensation for the same incident – If you have already submitted a claim to the CICA for an incident, and you submit another one, it will flag up on the system and be immediately rejected as a duplicate claim. If you receive compensation from another source (courts) for an incident you are claiming for via the CICA, this must be disclosed.
• Claim must be submitted within 2 years of reporting it to the police – There are exceptions to this criteria, especially in cases where the victim is vulnerable (child etc.) however the general rule is there is a 2 year limitation.
• UK resident/incident occurred within the UK – The incident must’ve occurred within the UK. There is an exception if you are a UK resident and have been a victim of a terrorist attack abroad you can claim via the UK scheme. You must also either be a UK resident or have a visa/residency permit or have been recognised as a victim of human trafficking/refugee by the home office. For a more comprehensive list of requirements for residency, please contact us.

What else will the CICA consider?

Other than the physical aspect, the CICA will also consider the emotional and psychological aspect the injury has had on the victim. As with all claims for psychological injuries, the CICA require a diagnosis/prognosis and treatment from a registered psychiatrist or psychologist. Sadly, a GP does not qualify as an acceptable treatment provider with this area as they are not qualified specifically in psychology. The CICA will assess any mental health disorders that the Applicant may have been diagnosed with, and the effect that these have on their day to day life, with social interactions and ability to work and care for themselves. 

Can I claim special expenses through the CICA?

If the Applicant requires special aids to help them go about their day to day life, then the CICA may reimburse the Applicant for the cost of these aids. For example, if rails and barriers have had to be fitted to the Applicants property, or if they have had to invest in walking aids and specially adapted bathrooms/wet rooms. Providing the expense is to help aid the Applicant with their injury they have suffered, the CICA may reimburse. We recommend that anything a victim would like to try and claim for as a special expense, has a receipt or proof of purchase. Without this the CICA will likely not compensate.

Can I claim for loss of earnings?

The CICA can sometimes award compensation for loss of earnings if you have either been off of work for 28 weeks or more, or have been permanently signed off of work as a direct result of the injury that arose from the violent crime. As mentioned, the starting point for loss of earnings is 28 weeks. If you were off of work but returned before the 28-week mark, you would not be eligible for loss of earnings. To further be eligible to claim for loss of earnings you need to meet one of the following criteria and be able to provide the necessary proof (Pay slips etc.):

• In paid work at the date of the incident that caused injury
• Not in paid work but had been in regular employment for at least 3 years immediately before the incident that caused injury.
• Not in paid work at the time because I was a minor.
• Not in paid work at the time because I was in full time education.
• Not in paid work at the time of the incident because I had caring responsibilities. 

There is also an option to provide other details if you think that you may be entitled for loss of earnings but feel as though your circumstances don’t fall under one of the above listed criteria. Loss of earnings is calculated at the SSP weekly rate until the Applicant returns to work. If the Applicant is unable to do so, then it is calculated at the SSP weekly rate until either the Applicant reaches retirement age or their life expectancy cap. The life expectancy cap is a figure that the CICA calculate using the age you were when the incident occurred. It is rather morbid, but it is basically an approximate figure of when the Applicant is likely to die.

If you have been a victim of a violent crime and have suffered an injury to your ankle, please contact us today. We can assess the case factors and provide you with compassionate and confidential advice on the next steps and supporting you through making a claim.