Criminal Injury Compensation
Assault in the UK
Criminal assaults give rise to several possible ways to claim compensation.
First, it is always possible to sue the assailant direct. However, this is rarely advisable because of the cost and difficulty of getting compensation from the attacker.
Secondly, if the assault happens at work, it is possible that a compensation claim can be made against the Ministry of Defence.
The law has recently been made a lot easier to make a personal injury claim against your employer for assaults committed by another employee in your work. That is because your employer is responsible for actions of your colleagues. It is also far easier to win damages from an employer with proper insurance claim cover than it is to sue your colleague directly.
Your personal injury lawyer at Clear Answers can explain where the courts draw the line in this law and whether you have a claim for your assault.
Thirdly, and most commonly, if you are a serviceman in the armed forces and suffer an assault in Great Britain, you may have a claim under the Criminal Injuries Compensation Scheme 2001. Great Britain for these purposes includes a British aircraft, hovercraft and ships. It does not include Northern Ireland. This is a scheme set up by the Government to compensate the victims of crimes of violence.
It is important to note that:
- There is a strict 2 year time limit for making claims
- No legal costs are payable
- Trivial injuries valued at less than £1,000 are not compensated: you should have attended your doctor at least twice in 6 weeks after the assault.
- Awards are made strictly according to a set scheme.
- Multiple injuries are compensated according to a formula, with 100% for the most serious injury, 30% for the next injury and 15% for the third
- No award is made for loss of earnings until after 28 weeks injury and then any award is capped at one and a half gross industrial earnings. In other words, if you are a high earner you will not be awarded your full loss of earnings, and you get nothing for the first 28 weeks in any event. All benefit payments are deducted in full.
It is possible to make a claim under the scheme as well as a claim against the employer, where appropriate, but any compensation received from the claim against the employer is deducted in full from the scheme figure.
Assaults outside the UK
Members of the armed forces injured on missions outside the UK may be eligible for compensation under the Ministry of Defence's Criminal Injuries Compensation (Overseas) Scheme.
There is also a comparable scheme in place in Northern Ireland
These schemes are complex and it is always important therefore to obtain prompt specialist advice.
Clear Answers specialist lawyers will be able to advise you whether a claim for compensation arising out of a criminal assault is possible and can give guidance and assistance on how it can be pursued
If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself. Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms.
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