Claim compensation if you were the victim of a violent crime
- keith corkill
- Nov 20, 2018
- 5 min read
You might be able to claim compensation if you were the victim of a violent crime. This includes if:you were injureda close relative diedyou saw the crime happen to a loved one (or were there immediately afterwards)you paid for the funeral of a person who diedYou usually have to claim within 2 years of the crime. The crime must be reported to the police before you apply.The process is different if the crime happened in Northern Ireland.It does not cost anything to apply.
If you were injured trying to stop a crime
You might also be able to claim compensation if you were taking a ‘justified and exceptional’ risk trying to stop a crime. For example somebody was in danger and it was not a situation that you were trained to deal with.
Eligibility
The crime must have happened in England, Wales or Scotland. It must be reported to the police.
When you can claim
In most cases you must apply within 2 years of the crime happening.You may be able to claim for a crime that happened more than 2 years ago if both of the following apply:the crime happened on or after 1 August 1964you’re claiming because of childhood sexual or physical abuse or you can prove you could not claim earlier, for example because your mental or physical health stopped you
Your nationality
You must have been one of the following when the crime happened:a British citizen or EU or EEA national (or their close relative)a family member of an EU or EEA national who has the right to be in the UKa member of the armed forces (or you’re a close relative living in their household)a potential victim of human trafficking on or before the date of your application - this must be confirmed by the UK Human Trafficking Centre and UK Visas and Immigrationan asylum seekera national of a country that has signed up to the Council of Europe Convention on the Compensation of Victim of Violent CrimesYou’re also eligible if you were ‘ordinarily resident’ in the UK at the time of the crime. This depends on your connection to the UK, for example if you were living, working or studying there (or you were the family member of someone who was).
What you can get compensation for
You can get compensation for:physical injuriesdisabling mental injuriessexual or physical abusethe death of a close relativepaying for someone’s funeralloss of earnings and expenses
Disabling mental injuries
A disabling mental injury is something that significantly affects your day-to-day performance at work or school, your relationships, or your sexual relationships. Mental injuries must be diagnosed by a psychiatrist or clinical psychologist.
Loss of earnings and expenses
You might get compensation for loss of earnings, or paid expenses to cover the cost of:care, home adaptations or mobility aidsdamage to physical aids, such as dentures, walking sticks or glassesYou usually have to be unable to work or have very limited ability to work for 28 weeks or longer to be eligible.You will not be paid loss of earnings for the first 28 weeks you were unable to work.You must have been employed when the crime happened or for the 3 years immediately before it. If you were not employed, you might still be eligible if you could not work, for example because you were in full-time education, retired or caring for someone.
Make a claim
When you make a claim to the Criminal Injuries Compensation Authority (CICA), you’ll need to provide:the date and location of the crimethe name of the police station where the crime was reportedyour crime reference numberyour GP’s name and addressyour dentist’s name and address (if you had dental treatment because of your injuries)details of any previous applications you’ve made to CICAdetails of any unspent criminal convictionsproof of identity for you or anyone you’re responsible for, such as a birth or marriage certificate, power of attorney or deed pollYou will not be eligible for compensation (or might get less compensation) if you provide information you know is wrong or misleading. You can be prosecuted.You must also be able to prove you’ve tried to get compensation or other money you’re entitled to, for example:by claiming benefitsthrough insurance paymentsfrom a civil court claimfrom a criminal court case (if the crime went to court)You do not need to wait for the outcome of other claims before you apply.It does not cost anything to apply and you do not have to use a legal adviser.
Help making a claim
Contact CICA if you:do not have a computer or internet accessneed help using the online serviceCICA Inside the UK: 0300 003 3601 (choose option 8) Outside the UK: +44 (0)203 684 2517 Monday and Tuesday, 8:30am to 5pm Wednesday, 10am to 5pm Thursday and Friday, 8.30am to 5pm Find out about call chargesA friend or relative can also make the application on your behalf. You’ll need to confirm that you want them to deal with your claim.You cannot claim the cost of using a legal adviser.You can also get free help and advice from:the Victims’ Information ServiceCitizens Adviceyour trade union
What happens next
You’ll get a reference number when you submit your claim. Use the reference number whenever you contact Criminal Injuries Compensation Authority (CICA) about your claim.Your claim will be assessed on:the information you provided in your applicationinformation from the police, including the evidence you gave themyour criminal recordmedical evidence (if it’s needed)CICA will contact you if they need more information and when they make a final decision.
Medical evidence
You’ll be told if you need to provide a medical report. It can cost up to £50.Contact CICA if you need help getting or paying for the medical report.You might also need to attend a psychological assessment if you’re claiming compensation for mental injuries.CICA Inside the UK: 0300 003 3601 (choose option 8) Outside the UK: +44 (0)203 684 2517 Monday and Tuesday, 8:30am to 5pm Wednesday, 10am to 5pm Thursday and Friday, 8.30am to 5pm Find out about call charges
If you’re using a legal adviser
If you and your legal adviser disagree about how much money you owe them, you normally will not be paid your compensation in full until you resolve this.
Disagreeing with a decision
Write to CICA and ask them to review a decision if you disagree with it.CICA Alexander Bain House Atlantic Quay 15 York Street Glasgow G2 8JQ If you disagree with the outcome of CICA’s review, you can appeal to the criminal injuries compensation tribunal.
Update your claim
Sign in to your account to finish your application.You need to contact Criminal Injuries Compensation Authority (CICA) if:your contact or personal details changeyou stop using or change a legal adviseryou get compensation or money from any other sources after you apply
If you applied by phone
Call CICA to update your claim if you applied by phone.You’ll need your reference number.CICA Inside the UK: 0300 003 3601 (choose option 8) Outside the UK: +44 (0)203 684 2517 Monday and Tuesday, 8:30am to 5pm Wednesday, 10am to 5pm Thursday and Friday, 8.30am to 5pm Find out about call charges
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