This article, from Consultant Personal Injury Solicitor Handan Demir, discussed the little-known Criminal Injuries Compensation Authority (CICA) and how you can make a claim with them if you have been injured by violent crime.
What is CICA?
The Criminal Injuries Compensation Authority (CICA) is a government body that provides compensation to individuals who have been physically or mentally injured as a result of violent crime in England, Scotland, or Wales.
Should I consult a lawyer before talking to CICA?
CICA have their own rules which are strictly applied, therefore it is always advisable to seek legal advice before making a claim.
Who can claim compensation with CICA?
- Victims of Violent Crime: You must have been injured in a violent crime.
- Reporting: The crime must have been reported to the police.
- Time Limit: Claims should be made within two years of the incident, although exceptions can be made in certain circumstances.
To make a claim to CICA, it must be established that you are the innocent victim of a violent crime. If this is proven, then the state will compensate you, as long as your injuries have a tariff value exceeding £1000.
If CICA believe you provoked or willingly participated in the assault, they can withhold or reduce the compensation. This is also the case if you have a criminal record.
What type of claims are compensated for by CICA?
Physical injuries
- Assault: Injuries resulting from physical assaults, such as broken bones, lacerations or head injuries.
- Domestic Violence: Injuries sustained from domestic abuse incidents.
Psychological Injuries
- Threats of Violence: Psychological trauma resulting from threats or fear of violence.
- Emotional Distress: Mental health issues arising from the crime, such as anxiety or depression.
Sexual Abuse
- Sexual Assault: Injuries from sexual violence, including rape and other non-consensual acts.
- Historical Abuse: Claims for historical childhood sexual abuse.
Other types of claims
- Human trafficking: injuries sustained as result of human trafficking.
- Acts of terrorism injuries resulting from acts of terrorism.
- Bereavement fixed payments for the death of a loved one due to a violent crime.
How can I apply to CICA for compensation?
- Gather Information: You will need details such as the date and location of the crime, the police force you reported it to, and your crime reference number.
- Medical Information: Provide your GP’s name and address, and details of any medical treatment received.
- You can submit a claim as an individual, or you can instruct a solicitor to assist you.
What Happens Next?
- Assessment: CICA will assess your claim, which may involve reviewing medical reports and police records.
- Decision: You will receive a decision on your claim, which can be appealed if you disagree with the outcome.
What types of compensation does CICA award?
CICA can award various types of compensation, including payments for physical and mental injuries, loss of earnings, and special expenses such as medical treatment costs and other special expenses related to the injury.
How does CICA value compensation?
CICA values compensation based on several factors, including the severity of the injuries, the impact on the victim’s life, and any financial losses incurred.
Injury Payments
CICA uses a tariff system to determine compensation for specific injuries. Each injury is assigned a value based on its severity, with more serious injuries receiving higher compensation. If you have multiple injuries, CICA will compensate for the three most serious injuries. The full amount is paid for the most serious injury, 30% for the second most serious, and 15% for the third.
Loss of earnings
You can claim for loss of earnings if you were unable to work for more than 28 weeks due to the injury. The loss of earnings is calculated based on your net earnings before the injury, minus any benefits or other income received during the period of incapacity.
Special Expenses
Medical costs, expenses for medical treatment, equipment, and care related to the injury can be claimed. You may also be able to claim other costs, including the cost for home adaptations, mobility aids, and other necessary expenses resulting from the injury.
Bereavement payments
If a loved one has died as a result of a violent crime, a fixed bereavement payment can be made to eligible family members.
Mental health impact
Psychological injuries compensation can also be awarded for psychological injuries resulting from the crime, such as PTSD.
It is important to note that CICA assesses each claim individually, taking into account the unique circumstances of the case.
What should I do if CICA refuse my claim?
Upon acceptance of your CICA claim, you will receive compensation. However, if they reject your claim, they can be asked to give reasons why they have turned the claim down. You can request CICA to review their decision if you believe that it is wrong, or you do not accept the reason for the award that has been made. A request for review must be made within 90 days of the initial decision.
If you still do not accept CICA’s decision after the review, you can formally appeal. The appeal must be lodged within 90 days of the review decision.
If you wish to get legal advice and make a claim to CICA then please contact Consultant Personal Injury Solicitor Handan Demir for a free consultation.
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