Criminal Injuries Compensation Board

The National Federation have recently had a lot of enquiries about the work that they have conducted around the CICA process.

To be clear, the criteria has NOT changed, it’s the guidance that has changed, to enable the case workers to apply the eligibility of the claim to the applicant. There is now have a clear line around emergency workers and the job that they do which puts them in the firing line, as apposed to a member of the public.

Please find below a top tips and best evidence guide that may help you.

The Federation are also going to be working with the case workers around expectations of officers and what constitutes an accident as opposed to an injury on duty via assault.

• Before starting an application take the time to read and understand the eligibility criteria
• Read and understand the definitions used under the eligibility criteria, particularly what would be considered as a ‘crime of violence’. The element is likely to be the most

relevant.

• Have a realistic expectation of success. You need to be able to clearly describe the

Injury sustained and be able to evidence how it was caused.

• Each case will be assessed on its merits, the onus is on you to clearly and accurately describe the circumstances.
• Assessors and case workers cannot be expected to ‘read between the lines’, so make every effort to describe actions, circumstances and the risks posed.
• Make sure the operational contect in which you were working is explained.
• Provide evidence to describe any use of verbal commands or instruction, responses or verbal threats made, the level of force required to attempt to gain controland actions taken to protect and defend yourself and others.
• Consider any deliberate act where you may have been targeted and assaulted.
• Where there is no direct assault or deliberate act you will need to articulate how the
• Offenders behaviour was reckless. This can include an offender intentionally taking a known and unjustified risk of causing another person to fear immediate and unlawful violence.
• A violent struggle could be considered as recklessness if a person acts without intending to cause a specific outcome but is aware that there actions could result in harm or the victim fearing it would happen.
• A more prolonged and violent incident is more likely to suggest that the consequences were intended, whereas an accidental outcome from a struggle might be viewed

differently unless recklessness can be proven.

Injury Payment can be between £1000 to £250,000. This will depend on the type and severity of the injury. Not every application will be successful but the quality of your evidence and

application are essential in the assessment claim.

How to start or continue a claim

You can make a claim online. It does not cost anything to apply.

You do not have to use a legal adviser. If you choose to use one, you cannot claim the cost back.

What you need to apply

When you make a claim to the Criminal Injuries Compensation Authority (CICA), you need to provide:

• the date and location of the crime
• the name of the police force you reported the crime to
• your crime reference number
• your GP’s name and address
• your dentist’s name and address (if you had dental treatment because of your injuries)
• details of any previous applications you’ve made to CICA

You’ll be asked if you’ve tried to get compensation or other money you’re entitled to, for example:

• by claiming benefits
• through insurance payments
• from a civil court claim
• from a criminal court case (if the crime went to court)

Do not wait for the outcome of other claims before you apply.

If you’re applying for someone else

In some cases, you need to provide proof of your right to apply for someone else. This includes if the person you’re applying for:

• is under 18 - you’ll need to have proof of parental responsibility, such as a full birth certificate or a court order
• cannot handle their own affairs - you’ll need to have proof of legal authority to act on their behalf, such as power of attorney or a court order

Start or continue a claim

You’ll need a GOV.UK One Login if you want to save your application and return to it later. You’ll be able to create a GOV.UK One Login if you do not already have one.

Claim compensation if you were the victim of a violent crime: Start or continue a claim - GOV.UK