Loss of Earnings Claim CICA

CICA Loss of Earnings Claim: Compensation Guide, Eligibility Criteria & How to Calculate Loss of Earnings

If you’ve suffered a loss of earnings due to the injury sustained from a violent crime, you may be eligible to claim compensation for this loss. A loss of earnings claim can cover earnings before and after an application is made, i.e. both past and future lost earnings. The period to which a loss of earnings payment will relate begins on the first day of the 29th week. This means you can’t claim loss of earnings for 28th weeks (this is approx 6 months). You can speak to our CICA criminal injuries compensation solicitors for any advice and to make a loss of earning claim through CICA.

“No Win, No Fee”

Criminal Injuries Compensation Solicitors

By submitting my data I agree to process my data as per privacy policy.

What is loss of earning payment in CICA Claims?

If you are unable to work as a direct result of a criminal injury you may be eligible to claim a loss of earnings payment from Criminal Injuries Compensation Scheme (CICA).

Your criminal injury must be serious enough to have resulted in a total inability to undertake paid work, or a very limited capacity to do so. By very limited capacity CICA mean that the extent of your injuries means that you are not capable of undertaking more than a few hours of paid work per week. If you have capacity for paid work, but the type of work is restricted because of your injuries, you will not qualify for a loss of earnings payment.

An applicant who is eligible for an injury payment will be eligible for a loss of earnings payment if the following minimum conditions are meet:

  • The first condition is that as a direct result of the injury for which the applicant is eligible for an injury payment they have no or very limited capacity for paid work.

  • The second condition is that the applicant:

    (a) was in paid work on the date of the incident giving rise to the injury, or, in the case of a series of incidents, at any time during the series;

    (b) had been in regular paid work for a period of at least three years immediately before the date of the incident giving rise to the injury; or

    (c) had a good reason for not having been in regular paid work for the period mentioned in paragraph (b).

  • A person will be considered to have a good reason for not having been in regular paid work if,  for example, they were unable to work because they were in full-time education, or by reason of their age or caring responsibilities.

Looking for some help?

Physical injury loss of earnings claim cica
loss of earnings claim cica physical injury claim

In incidents involving sexual abuse & assault at a young age or historical sexual abuse cases, it may be that the applicant has never worked. As the series of incidents or incident of abuse took place prior to their ability to earn then they will still be able to make a claim for loss of earnings even though they have never been in regular employment.

Loss of earning payments begin on the first day of the 29th week.  The first 28 weeks are discounted.

A loss of earnings claim can cover earnings before and after an application is made, i.e. both past and future lost earnings.

Past loss of earnings are calculated by Statutory Sick Pay rates multiplied by the number of weeks that the applicant was unable to work.

Future lost earnings are based on the same calculation, i.e. the weekly rate of Statutory Sick Pay multiplied by the number of weeks’ absent from work.  Loss of earnings are then discounted in accordance with the table set out in Annex F of the Criminal Injuries Compensation Scheme 2012.

Looking for some help?

How much can you claim for loss of earnings?

The period to which a loss of earnings payment will relate begins on the first day of the 29th week in which the applicant satisfies the condition in paragraph 43(1) of criminal injuries compensation scheme 2012.

The period to which a loss of earnings payment will relate ends on whichever is the earliest of:

(a) the day on which the applicant no longer satisfies the eligibility conditions to claim loss of earnings;

(b) the day on which the applicant will reach state pension age; or

(c) where the criminal injury has resulted in a life expectancy below the state pension age, the expected end of the applicant’s life.

The maximum CICA loss of earnings award is fixed at the value of Statutory Sick Pay (SSP) which is currently £109.40 per week. If you earn more than this sum, you will be extremely disappointed to know that you cannot recover the losses you have sustained.

A loss of earnings payment may relate to earnings lost before an application is determined (past loss of earnings) and such loss after the determination (future loss of earnings).

A loss of earnings payment in respect of past loss of earnings will be calculated by multiplying:

(a) the weekly rate, at the date of determination, of statutory sick pay under section 157 of the Social Security Contributions and Benefits Act 1992; by

(b) the number of weeks, treating part weeks as full weeks, during the period beginning on the day calculated in accordance with paragraph 44 of criminal injuries compensation scheme 2012 and ending on the day the application is determined.

A loss of earnings payment in respect of future loss of earnings will be calculated by multiplying:

(a) the weekly rate, at the date of determination, of statutory sick pay under section 157 of the Social Security Contributions and Benefits Act 1992; by

(b) the number of weeks, treating part weeks as full weeks, during the period beginning on the day after the day on which the application is determined and ending on the day calculated in accordance with paragraph 45 in criminal injuries compensation scheme 2012.

A loss of earnings payment made under paragraph 48 of criminal injuries compensation scheme 2012 (future loss of earnings) will then be discounted in accordance with the Tables in Annex F of criminal injuries compensation scheme 2012, which set out:

(a) multipliers to be applied to account for the accelerated receipt of payments (Table A of criminal injuries compensation scheme 2012);

(b) discount factors to be applied to a lump sum in respect of loss which starts at a future date (Table B of criminal injuries compensation scheme 2012); and

(c) assumptions in relation to life expectancy (Table C of criminal injuries compensation scheme 2012).

Looking for some help?

How much can the CICA award for physical injuries claim?

Our cica claim calculator in the main menu will help you with estimating the potential compensation that may be paid in respect to your claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the injury, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to the criminal injuries compensation claim:

  • Scarring (Head / Neck /Face) : £1,500 – £11,000

  • Burns (Head / Neck /Face) : £2,400 – £27,000

  • Brain Damage : £27,000 – £250,000

  • Ear (Deafness) : £1,800 – £44,000

  • Loss of Ear : £2,400 – £19,000

  • Tinnitus : £1,500 – £16,500

  • Eye (Permanent loss of visual field) : £1,000 – £44,000

  • Eye (Dislocation of lens) : £3,500 – £13,500

  • Loss of Eye : £27,000 – £110,000

  • Loss of Sight : £22,000 – £110,000

  • Partial loss of vision : £1,000 – £55,000

  • Permanent clicking jaw or dislocated jaw :  £3,000 – £3,500

  • Fractured jaw bone :  £1,500 – £11,000

  • Multiple fractures to face :  £1,500 – £11,000

  • Neck (Strained neck or whiplash injury – disabling for more than 13 weeks) :  £1,000 – £11,000

  • Loss of smell and taste :  £3,500 – £16,500

  • Skull fracture :  £1,000 – £4,600

  • Damage to teeth :  £1,000 – £3,500

  • Tongue (Impaired speech) :  £3,500 – £19,000

  • Loss of speech – permanent :  £33,000

  • Loss of tongue :  £44,000

  • Loss of arm :  £33,000 – £111,000

  • Paralysis or Equivalent loss of function of arm :  £27,000 – £82,000

  • Dislocated or fractured elbow :  £1,500 – £11,000

  • Fractured or dislocated finger or thumb :  £1,000 – £6,200

  • Loss of finger or thumb :  £3,500 – £55,000

  • Partial loss of finger or thumb :  £1,000 – £16,500

  • Fractured hand : £1,800 – £6,200

  • Loss of, or equivalent loss of function of hand : £33,000 – £110,000

  • Fractured bones in arm : £1,500 – £11,000

  • Dislocated or Frozen Shoulder : £1,500 – £6,200

  • Damage to one or more of tendon, ligament or cartilage : £1,000 – £11,000

  • Fractured or dislocated or sprained (more than 13 weeks) wrist injuries : £1,000 – £11,000

  • Fracture in back : £1,000 – £11,000

  • Chest injury requiring thoracotomy : £6,200 – £16,500

  • Collar bone fractured : £2,400 – £4,600

  • Genitalia injuries : £3,500 – £11,000

  • Loss of fertility : £55,000

  • Loss of kidney : £11,000 – £55,000

  • Punctured or Collapsed lungs : £1,500 – £11,000

  • Loss of pancreas : £16,500

  • Loss of spleen : £11,000

  • Fractured or dislocated ankle : £2,400 – £16,500

  • Fractured Femur (thigh bone) : £1,800 – £11,000

  • Fractured foot or tarsal bones : £1,000 – £13,500

  • Fractured heel bone : £1,500 – £13,500

  • Fractured or dislocated hip : £2,400 – £16,500

  • Loss of leg : £33,000 – £110,000

  • Fractured Tibia (shin bone) : £1,800 – £11,000

  • Fractured Toe : £1,000 – £13,500

  • Loss of Toe : £2,400 – £13,500

  • Fatal criminal injury – Single qualifying relative : £11,000

  • Fatal criminal injury – Multiple qualifying relatives : £5,500

If you suffer from mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:

  • Post Traumatic Stress Disorder (PTSD) recovery likely: up to £13,500

  • Post Traumatic Stress Disorder (PTSD) condition likely to be lifelong: £22,000

  • Emotionally Unstable Personality Disorder (EUPD) – up to £22,000

  • Emotionally Unstable Personality Disorder (EUPD) generally deemed lifelong: £22,000

How much can the CICA award for sexual assault and sexual abuse claims?

Our sexual abuse calculator in the main menu will help you with estimating the potential compensation that may be paid in respect of your sexual abuse claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the abuse, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to sexual assault and sexual abuse claims:

  • Molestation above or under clothing: £1,500 – £2,000

  • Non penile penetrative acts: £3,300 – £8,200

  • Penile penetrative assaults single event or over a period (rape assaults): £11,000 – £22,000

  • Two or more isolated acts of non-penile penetrative oral contact: £4,400

  • Up to three years’ repetitive abuse: £6,600

  • Over three years’ abuse: £8,200

  • Single act of non-consensual penetrative sex (rape – vagina, anus or mouth): £11,000

  • Single act of non-consensual penetrative sex involving two or more attackers: £13,500

  • Repeated rape over three years: £16,500 to £22,000

  • Permanent physical and mental disability due to long-term abuse: £33,000 to £44,000

If you suffer from mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:

  • Post Traumatic Stress Disorder (PTSD) recovery likely: up to £13,500

  • Post Traumatic Stress Disorder (PTSD) condition likely to be lifelong: £22,000

  • Emotionally Unstable Personality Disorder (EUPD) : up to £22,000

  • Emotionally Unstable Personality Disorder (EUPD) generally deemed lifelong: £22,000

You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.

What You Can Claim Compensation For:

Criminal Injuries Compensation Basic Eligibility Requirements:

You need to meet some basic requirements before you can claim compensation from CICA

  • Time Limit: There is a two-year time limit for making a CICA claim for compensation under the scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.

  • Connection Between Injury & Crime: The injuries you are claiming for must have been sustained as a direct result of a crime of violence and and you are a blameless victim.

  • Reporting the Crime: The crime must have been reported to the police as soon as is reasonably practicable and you do not drop the charges. The victim must have cooperated with the police investigation and prosecution. CICA does not consider whether an assailant is prosecuted or not.

  • Residency: To be eligible for compensation under the CICA scheme, the incident must have happened in England, Scotland or Wales and victim must have been resident in the UK at the time of the crime.

  • Behaviour of The Victim: The victim’s behavior must not have contributed to the injury. In certain circumstances, compensation may still be payable even if the victim’s behavior contributed to the injury, but this will be assessed by CICA on a case-by-case basis.

  • Criminal Convictions: In some cases, compensation may be reduced or refused if the victim has a unspent criminal record.

If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we won’t able to secure any compensation.

What is Criminal Injuries Compensation Scheme?

The Criminal Injuries Compensation Scheme in the UK is a government-run program that provides financial compensation to individuals who have been physically or mentally injured as a result of violent crime. The compensation is paid to those who have suffered injury and can demonstrate that the injury was sustained as a direct result of a crime of violence.

To be eligible for compensation, the crime must have been reported to the police and the victim must have cooperated with the police investigation and prosecution. The amount of compensation awarded is based on a tariff system and can range from a few hundred to several thousand pounds, depending on the severity of the injury and other factors.

The purpose of this scheme is to provide financial support to victims of violent crime who have been physically or mentally injured as a result of the crime. The compensation is intended to help cover the cost of medical expenses (which are not covered by NHS or recoverable from any other source), lost income, and other expenses related to the injury.

What Payments Are Available From The Scheme?

CICA will consider claims for the following injuries, medical conditions and special expenses:

  • mental or physical injury following a crime of violence;
  • sexual or physical abuse;
  • loss of earnings – where you have no or limited capacity to work as the direct result of a criminal injury;
  • special expenses payments – these cover certain costs you may have incurred as a direct result of an incident. You can only ask us to consider special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks;
  • a fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency; and funeral payments.

To qualify for an award, an injury must be described in the tariff of injuries at Annex E of the CICA Scheme. Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme.

Calculate Your Claim Amount

You can use our simple CICA claim calculator to calculate the potential award amount.

How We Can Help With CICA Claim?

  • Providing Advice on Eligibility: We can help determine if you are eligible for compensation through the CICA scheme, based on the specific circumstances of your case and the other requirements of the scheme. We can help you recover compensation from £1,000 to £500,000.

  • Gathering & Presenting Evidence: We can help gather and present evidence to support your claim, including medical records, injury form, GP report and other forms & relevant documentation. We will fight to recover the compensation that you deserve & deal with matters on your behalf.

  • Completing the Application Form: We will complete the application form for CICA compensation on your behalf to ensure that it is completed correctly and submitted in a timely manner. We will handle everything on priority basis and keep it confidential.

  • Negotiating the Compensation Amount: We will negotiate with the CICA on your behalf to ensure that you receive the maximum amount of compensation available under the scheme. We will also advise you that the compensation award offered is appropriate or not.

  • No Win, No Fee: We will proceed with you claim on a No Win, No Fee basis. You don’t need to pay us anything if we won’t able to secure any compensation for you from CICA.

It’s important to note that while a solicitor is not required to make a claim for compensation through the CICA, many victims find it helpful to have legal representation to ensure that their rights are protected and that they receive the maximum amount of compensation available.

Frequently Asked Questions (FAQs)

What is Criminal Injuries Compensation Scheme?

Criminal Injuries Compensation Authority (CICA), is an executive agency of the UK government responsible for administering the Criminal Injuries Compensation Scheme (CICS). The CICS is a government-funded program that provides compensation to victims of violent crime who have been physically or psychologically injured as a result of the crime.

The CICA considers applications from individuals who have been injured in England, Scotland, or Wales and who meet the eligibility criteria for the scheme. These criteria include being a resident of the UK, a national of the European Economic Area (EEA), or having leave to remain in the UK. Additionally, the crime must have been reported to the police within a reasonable time frame, and the victim must have cooperated with the police in any investigation and prosecution of the crime.

The amount of compensation awarded by the CICA depends on the nature and severity of the injury, and may also take into account loss of earnings and other expenses incurred as a result of the injury. The CICA may also consider the behavior of the victim in determining the amount of compensation to be awarded.

The rules of the Scheme and the value of the payments awarded are set by Parliament and are calculated by reference to a tariff of injuries. Although the size of the award varies to reflect the seriousness of the injury, we know that it will never fully compensate you for what you have suffered or lost – it is just society’s way of recognising that you have been a victim.

The Scheme applies to all applications received on or after 27 November 2012. This guide should be read in conjunction with the Scheme, which remains the authoritative document.

Basic eligibility criteria for the Criminal Injuries Compensation Scheme (CICS):

  1. Residency: To be eligible for compensation from the CICA, you must be a resident of the UK, a national of the European Economic Area (EEA), or have leave to remain in the UK. If you are a victim of a crime that took place outside of the UK, you may still be eligible for compensation if you are a UK national or have close connections to the UK.
  2. Report to the Police: The crime must have been reported to the police within a reasonable time frame. The CICA may also require evidence that you have cooperated with the police in any investigation and prosecution of the crime.
  3. Injury: You must have suffered an injury as a result of a crime of violence that took place in England, Scotland, or Wales. The injury must be physically or psychologically traumatic, and you must provide medical evidence of the injury.
  4. Time Limit: There is a time limit for making an application to the CICA, which is generally two years from the date of the crime. However, in certain circumstances, the time limit may be extended.
  5. Conduct of the Victim: The CICA may also consider the behavior of the victim in determining eligibility for compensation. If the victim was engaged in criminal activity at the time of the crime, or if their behavior contributed to the crime, their application for compensation may be refused.
What is The Eligibility Criteria for CICA Claims?

The CICA have set criteria which enables you to claim under their scheme, which includes:

  • You must have suffered the physical or psychological injury as a result of a violent crime;
  • The incident must have happened in England, Wales or Scotland;
  • The incident must have been reported to the police as soon as practically possible;
  • You must fully cooperate with the police and the CICA;
  • Your injuries just be serious enough to meet the minimum requirements of the CICA scheme.

Time Limit: There is a two-year time limit for making a CICA claim for compensation under the scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.

Connection Between Injury & Crime: The injuries you are claiming for must have been sustained as a direct result of a crime of violence and and you are a blameless victim.

Reporting the Crime: The crime must have been reported to the police as soon as is reasonably practicable and you do not drop the charges. The victim must have cooperated with the police investigation and prosecution. CICA does not consider whether an assailant is prosecuted or not.

Residency: To be eligible for compensation under the CICA scheme, the incident must have happened in England, Scotland or Wales and victim must have been resident in the UK at the time of the crime.

Behaviour of The Victim: The victim’s behavior must not have contributed to the injury. In certain circumstances, compensation may still be payable even if the victim’s behavior contributed to the injury, but this will be assessed by CICA on a case-by-case basis.

Criminal Convictions: In some cases, compensation may be reduced or refused if the victim has a unspent criminal record.

If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we won’t able to secure any compensation.

Who Can Apply for CICA Compensation?

The Criminal Injuries Compensation Authority (CICA) in the UK provides compensation to victims of violent crime who have been physically or psychologically injured. To be eligible for compensation from the CICA, you must have suffered an injury as a result of a crime of violence that took place in England, Scotland, or Wales.

To apply, you must be a resident of the UK, a national of the European Economic Area (EEA), or have leave to remain in the UK. Additionally, the injury must have been reported to the police within a reasonable time frame, and you must cooperate with the police in any investigation and prosecution of the crime. The CICA may also consider the behavior of the victim in determining eligibility for compensation award.

The people who can apply for compensation under the scheme include:

  • A person who has suffered an injury;
  • A close relative of someone who passed away as a result of their injuries;
  • A witness of a crime or someone who arrived at the scene of the crime immediately afterwards and has suffered a psychological injury;
  • A person who has paid funeral expenses of someone who passed away as a result of their injuries.
Are There Time Limits For Applying CICA Compensation?

If you were an adult at the time of the incident, you should apply within two years of the date of the incident. However, the time limit can be extended if there were exceptional circumstances which prevented you from applying earlier and the evidence to support the application means it can be determined without further extensive enquiries.

If you were a child under 18 years old at the time of the incident, the two-year time limit doesn’t apply. If the incident was reported to the police before the child turned 18, then the two-year limit would run from the date the child turned 18, i.e. they would have to make the claim before their 20th birthday.

The CICA will consider extending time limits where you can prove that you were unable to make the claim earlier, for example, if you had a psychological illness as a result of the incident. So it’s always best to check with the CICA first to see if it’s still possible to bring a claim, even if you’re outside of the applied time limit.

What Information Do You Need to Provide When Applying For CICA Compensation?

When applying for Criminal Injuries Compensation Authority (CICA) compensation, you will need to provide information about the crime, your injuries, and any other relevant information that supports your claim. Some of the key information you will need to provide includes:

  • Date, time, and location of the crime
  • Description of what happened & your injuries
  • Name of the police station where the crime was reported
  • Crime reference number & investigation officer name
  • GP’s name and address
  • Dentist’s name and address (if you had dental treatment because of your injuries)
  • Details of any previous applications you’ve made to CICA
  • Details of any unspent criminal convictions, if any
  • Proof of identity for you or anyone you’re responsible for, such as a birth or marriage certificate, power of attorney or deed poll
What Payments Are Available From The CICA Scheme?

Criminal Injuries Compensation Authority (CICA) scheme provides financial compensation to victims of violent crime in England, Scotland, and Wales. The types of payments available under the scheme include:

Compensation for Injuries: This includes payments for physical and psychological injuries sustained as a result of the crime, such as broken bones, scarring, sexual abuse, sexual assault, or post-traumatic stress disorder (PTSD). The amount of compensation awarded will depend on the severity and impact of the injuries.

Loss of Earnings: If you are unable to work as a result of your injuries, the CICA may provide compensation for lost earnings. This can include compensation for past and future lost earnings.

Special Expenses: If you have incurred expenses as a result of the crime, such as medical expenses or travel costs, the CICA may provide compensation to cover these expenses.

Bereavement Payment: If a family member has died as a result of a violent crime, the CICA may provide a bereavement payment to the deceased person’s spouse or parents. Where a claims officer is satisfied that more than one person may be eligible for a bereavement payment in respect of the deceased, the amount of the bereavement payment is £5,500. Otherwise, the amount of the bereavement payment is £11,000. You can additionally claim payments for loss of parental services and financial dependency; and funeral payments.

Funeral Payment: If a family member has died as a result of a violent crime, the CICA may provide a payment to cover the costs of the funeral.

Child’s Payment: A child’s payment may be made to a person who is a qualifying relative if that person was at the time of the death of the deceased under 18 years old and dependent on the deceased for parental services. The period to which a child’s payment will relate begins on the day of the death and ends on the day before the child’s 18th birthday.

Dependency Payment: A dependency payment may be made to a qualifying relative who at the time of the deceased’s death was financially or physically dependent on the deceased. A qualifying relative was physically dependent on the deceased if the deceased was their main carer. The period to which a dependency payment will relate begins on the day of the death.

What Happens if You Have More Than One Injury?

If you have suffered more than one injury as a result of a violent crime, we can include all of your injuries in your Criminal Injuries Compensation Authority (CICA) claim. The CICA considers all injuries when calculating the amount of compensation you may be eligible to receive.

In general, the CICA will assess the severity and impact of each of your injuries separately, and assign a specific award for each injury. The total amount of compensation you receive will be based on a formula and then sum of the individual awards for each injury.

It’s worth noting that the CICA uses a tariff-based system to determine the amount of compensation awarded for different types of injuries. The tariff sets out a range of compensation amounts for different injuries, based on their severity and impact.

In addition to compensation for physical injuries, the CICA may also provide compensation for certain psychological injuries, such as post-traumatic stress disorder (PTSD) or depression, that have resulted from the crime.

If you have suffered multiple injuries as a result of a violent crime, it’s important to provide the CICA with as much information as possible about the nature and impact of your injuries. If you have more than one injury then each, on its own, would qualify, you may be entitled to:

  • 100% of the full tariff value of the most serious injury; and
  • 30% of the tariff amount for the injury with an equal or second highest value; plus
  • 15% of the tariff amount for any additional injury with an equal or third highest value.

The Scheme does not allow us to pay for more than three injuries. However, there are additional tariff payments which you can receive (outside multiple injury formula), if these are suffered as a direct result of your injury or assault, you:

  • become pregnant;
  • lose a foetus; or
  • contract a sexually transmitted disease.
Can I Claim if I Witnessed a Violent Crime?

If you have witnessed a violent crime, you may be eligible to make a claim for compensation under the Criminal Injuries Compensation Authority (CICA) scheme, provided that you meet certain eligibility criteria.

To be eligible for a CICA claim as a witness, you must have been physically injured as a direct result of the crime, or have suffered a recognised psychiatric condition as a result of witnessing the crime. This could include conditions such as post-traumatic stress disorder (PTSD), anxiety, or depression.

In addition to meeting the eligibility criteria, there are other factors that the CICA will take into consideration when assessing your claim, such as the severity of your injuries, the impact of the crime on your life, and any other relevant factors.

Criminal injuries are not just of a physical nature, they can also be psychological. Physical injury is more straightforward for example if you are beaten up, attacked, assaulted, or mugged and have been injured as a result of the criminal conduct of another party you have a right to seek compensation.

Psychological injury though can be more difficult to define. If you witnessed a violent crime, for instance, an armed robbery or someone being attacked, just because you weren’t physically injured doesn’t mean that’s the end of it. Because most of us are lucky enough not to come into contact with violent behaviour, often when we do it has a deep psychological impact.

If you have been witness to an act of violence you could find that you keep reliving the attack over and over. This can lead to a feeling of being afraid and not wanting to go out into public. Fear and panic set in and you become unable to live your life as you did before witnessing the attack. If you can relate to this then you should contact a personal injury solicitor to find out if you could be entitled to claim compensation.

There are two basic requirements for a successful compensation claim, these are that the victim must be the innocent party caught up in a criminal act and that this has led to them suffering the physical or psychological injury. Also, CICA need the mental injury should be diagnosed by a psychiatrist or psychologist. CICA won’t accept the diagnosis from any other medical professional.

Any compensation award will be determined by the type and extent of any injuries and any long-lasting effects it has had on your life. This includes any effect on your ability to earn a living.

How Soon Can I Get My Criminal Injury Compensation through CICA?

The timeframe for receiving criminal injury compensation from the Criminal Injuries Compensation Authority (CICA) can vary depending on a number of factors, including the complexity of your case, the evidence required to support your claim, and the workload of the CICA.

In general, the CICA aims to process claims within 6-8 months of receiving all the necessary information and evidence, but some cases can take longer depending on the type of claim you have, the information the criminal injuries compensation authority needs, and the level of compensation you are entitled to.

However, where there are delays in obtaining medical evidence or police information or any other report documentation it can take 11-12 months, and in very complex cases where there is a large loss of earnings, it can take more time. In those cases, we always seek an interim payment.

What You Should Do Once The Abuse or Assault Has Been Reported to The Police?

If you have reported abuse or assault to the police, and are considering making a claim under the Criminal Injuries Compensation Authority (CICA) scheme, there are several steps you can take.

It is essential that you cooperate with the police and help with the ongoing investigations in every possible way. This could include but not limited to make a formal statement and in some circumstances attending the court. In some cases, it can be extremely difficult to recall and talk about the abuse or assault but the more details you can provide will generally help your case and aid in making a criminal injuries compensation claim.

If you refuse to make a statement or withdraw your statement then criminal injuries compensation authority (CICA) are unlikely to award you any compensation, as they require that you are the blameless victim of the crime and you fully co-operated with the Police. If you do not fulfill these criteria then CICA usually refuses to compensate for any criminal injury even if you have been seriously assaulted.

Can I Make a CICA Compensation Claim if Nobody Has Been Convicted of The Crime?

If no one has been convicted of the crime, you can still make a claim to the CICA. The CICA does not require a criminal conviction as a condition of awarding compensation.

The conditions before you make a claim are that a crime must have taken place, you have suffered an injury as a result of a blameless act of violence and you have fully cooperated with the police, by reporting the incident and making a full statement.

In order to make a successful claim, you will need to provide evidence to support your claim. This could include a police report or a medical report. The CICA will assess your claim and make a decision based on the evidence provided.

It’s important to note that the CICA operates under a “no-fault” system, which means that they do not make a determination of guilt or innocence in regards to the crime. Instead, they focus solely on the impact of the crime on the victim.

Can I Make a Claim as an Adult if One Has Already Been Made When I Was a Child?

If a claim was made on your behalf when you were a child, you may not able to make a second claim for the same incident when you become an adult. The criminal injuries compensation scheme will not allow you to make a claim for the same incident two times. However, under some special circumstances, it may be possible to have a claim re-opened.

If your previous injury has worsened, or if you have suffered additional injuries as a result of the same incident, you may be eligible to receive additional compensation. You should provide the CICA with any relevant medical evidence and information regarding the impact of your injury on your life, as well as any expenses or losses you have incurred as a result of the injury.

For such cases, we need to establish the basis of the medical evidence the original decision was made. For instance, it may have been for the physical assault/abuse, but over the years the child now turned adult suffers repressed psychological symptoms which could not have been anticipated when the original award was made.

If a psychological report can be obtained that confirms the symptoms have occurred as a result of the original incident, and the symptoms are sufficiently serious to warrant additional compensation. It may be possible to reopen a CICA case where an award was originally made as a child.

Our experienced team of solicitors will be happy to discuss your case on an informal no-obligation basis. If we believe there is sufficient information to submit a further claim we will advise you and act for you on a no win no fee basis.

Who Decides How Much Criminal Injury Compensation I am Likely to Receive?

The amount of criminal injury compensation you are likely to receive is decided by the Criminal Injuries Compensation Authority (CICA). The CICA is an independent body established to provide compensation to victims of violent crime who have been injured in England, Scotland, or Wales.

The CICA has a set of guidelines and tariffs that they use to determine the amount of compensation that should be awarded in each case. The guidelines take into account various factors, such as the type and severity of the injury, any ongoing physical or psychological effects, and any loss of earnings or expenses incurred as a result of the injury.

Even when the perpetrator of the injuries is caught and found guilty a compensation claim is not made against the criminal as they would likely not have sufficient funds to cover it and would not be covered by any personal liability insurance. This responsibility falls on the CICA who evaluates the merits of any claim and award compensation accordingly.

For a case to be successful the CICA must determine whether or not you played a part in the criminal act and if it resulted in you suffering physical or psychological injuries. This could range from being witness to a criminal act that has a psychological effect on you right through to suffering a most serious physical attack. When considering injuries suffered the most obvious ones are often the physical ones such as cuts, bruises, scarring, or broken bones.

Often the psychological effects are long term and do not heal as readily as the physical injuries. Anxiety, stress, and even depression can result from being caught up in criminal acts and do not always surface immediately after the incident. These can reveal themselves months or even years later and can have long term effects.

The CICA only compensates for injuries that according to their tariffs are worth over £1,000. The most serious injury awards go up to £500,000. You are able to claim for more than one injury, getting the full value for the most serious injury with subsequent injuries receiving a reduction according to the CICA rules. Usually, the three most serious injuries will be compensated but there are some incidents that fall outside this rule.

You may also be compensated for the loss of earnings, medical expenses, and some other costs that occurred as a result of the injuries.

There are many factors that can determine any compensation award like the type of injury, the severity of the injury, and any long term effects it has on your life. We offer a no win no fee service to give advice and help guide you through the process of making a claim whilst ensuring maximum recompense.

We are here to help!

If you, a friend or a family member has suffered physical or psychological injuries as a result of a violent crime, it may be possible to apply to the CICA for compensation.

“The Criminal Injuries Compensation Authority (CICA), is a government organisation which provides compensation for victims of violent crime in England, Wales, and Scotland. We represent victims of violent crime to get compensation from CICA.”

“No Win, No Fee”

Criminal Injuries Compensation Solicitors

By submitting my data I agree to process my data as per privacy policy.