Page 35 - Federation magazine: December 2016 / January 2017

Criminal Injuries Compensation
By Gerry O’Brien, solicitor and partner at
Trinity Law Partnership, 54 Hagley Road,
IBirmingham
t is estimated that more than 23,000
police officers are assaulted every year.
These worrying statistics lie at the heart of injuries below it is likely they would receive the for a payment which will affect police officers.
the Federation’s regional and national
campaigns highlighting the risks police officers
face every day and the need for tougher
sentences for offenders.
As MP’s continue to debate the issue, they
may also want to consider whether the
compensation payments permissible under
the current Criminal Injuries Compensation
Scheme to officers injured when assaulted are
reasonable and adequate. The following is an
extract from the Guide to the 2012 (and
current) CICA Scheme;
“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”[my emphasis]
As a lawyer specialising in personal injury
litigation, I wonder whether“society”would
agree, when one examines what
compensation is now available, whether that
objective is being met.
“Then and now”
Established in 1964 the Criminal Injuries
Compensation Board (as it was then called)
administered a taxpayer funded criminal
injuries compensation scheme. Compensation
was assessed on a common law basis (ie
equivalent to awards made by civil courts)
until 1996 when a tariff based method of
assessment was introduced. A cap of £500,000
compensation was also placed on any one
claim. Further amendments have since been
made, culminating in the current “2012
scheme”which, in my view, represents (aside
from the introduction of the tariff) the most
significant “culture shift”away from the scope
of the original scheme.
What compensation can you expect ?
So, if you are an officer assaulted and injured in limited capacity for work test”. Even in the
the course of your duties, generally what
compensation might you expect under the
2012 Scheme ?
Injury payments
In the first instance you may receive an“injury
payment”if the injury you suffered is described
within the tariff scheme. While there are many
injury types listed in the tariff the new 2012
scheme saw the removal of many common
injuries considered not serious enough to
attract compensation to include: fractured
nose; deviated nasal septum; minor scarring
and corneal abrasions. Payments for certain
other injuries were also reduced..
If you have the misfortune to suffer more than
one injury you will only be compensated fully
(100 per cent of the corresponding tariff
www.westmidspolfed.com
payment) for the most serious injury with the
second and third most serious injuries
attracting awards of 30 and 15 per cent
respectively. Injury payments are only payable
for up to a maximum of three injuries.
For example, if a person suffered the serious
following injury payment(s):
Injury Injury Rating
Loss of sight in one eye 1 £22,000.00 (100% of £22,000.00 tariff)
Loss of sense of smell/taste 2 £4950.00 30% of £16,500.00 tariff)
Severe burns to both arms 3 £1650.00 (15% of £11,000.00 tariff)
Disabling fractures both legs 4 NIL *
TOTAL
*No injury payment would be made for the 4 highest rated injury
Loss of Earnings
Depending on the nature of the injury it is
likely a period away from work will be required
to recover during which time loss of earnings,
over-time and allowances will be suffered.
While it has been the situation for some time
(and pre-2012) that no loss of earnings is
payable for the first 28 weeks of any loss, in my
opinion, further changes to the entitlement to
loss of earnings under the 2012 scheme are
far-reaching.
Under the current scheme (and subject to
other criteria being met) no loss of earnings
payment will be made unless the applicant can
demonstrate they have ”no or very limited
capacity for paid work”. According to the
guidance, this means a total inability to
undertake paid work or being incapable of
undertaking more than a few hours of paid
work per week.
Therefore it must follow that only the very
seriously injured will be entitled to a loss of
earnings payment at all. The stark reality of
this position is very relevant to police officers
who may sustain a career ending injury
resulting in loss of earnings but who may not
be entitled to recover compensation in this
respect unless they can satisfy the“no or
unlikely event that “capacity test”is satisfied
the payment is now only equivalent to the
applicable rate of Statutory Sick Pay (currently
£88.45pw).
“Other” payments
Subject to certain qualifying criteria (and
offset) payments are also made for“special
expenses”such as physical aids and
equipment, adaptation of accommodation,
care etc where such provisions are not
available free of charge elsewhere. Payments
are also made to qualifying relatives arising
out of fatal injuries to include bereavement
payments, child payments, dependency
payments and funeral expenses and so on.
federation December 2016/January 2017
Eligibility for compensation
To qualify for a payment at all you must satisfy
the CICA’s eligibility test, most of which is
unlikely to concern police officers injured in
the course of their duties. There have, however,
been some important changes to“eligibility”
Historically officers injured in the course of
Injury payment(s)
£28,600.00
their duties would ordinarily be entitled to
compensation from the CICA either (I) when
injured as a consequence of a“crime of
violence”or (II) when injured accidentally whilst
taking an exceptional and justified risk
attempting to apprehend an offender or
prevent an offence.
For the first time the Government, under
the 2012 scheme has sought to define“crime of
violence.”Without wishing to repeat the
definition in this article a word of caution is
necessary here.
If the CICA reject your claim on the basis
that you were not a victim of a crime of
violence it is very important you seek further
advice as to the merits of an appeal.
Should the CICA determine you were not
injured as a result of a crime of violence they
may go on to consider whether you were taking
an exceptional risk (which now makes no
mention of accidental injury) and note;
Paragraph 5.2 of the scheme which states; A
risk taken for any purpose described in
sub-paragraph (1) in the course of a person’s
work will not be considered to be exceptional if
it would normally be expected of them in the
course of that work.
Therefore if you have been assaulted or
injured while apprehending a suspect or
preventing an offence it is very important you
seek further advice if the CICA suggest you
were not injured as a consequence of a crime of
violence, as depending on the circumstances,
this could potentially be successfully
challenged.
Summary
Despite the fact a worryingly high number of
police officers continue to be assaulted every
day the current Criminal Injuries Compensation
Scheme is largely unrecognisable from its early
origins. For many victims it could be said to add
“insult to injury”but as you are also part of
society I will let you be the judge of that.
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