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Abuse and Criminal Injury Compensation Claims
If you have suffered as a result of criminal injury or abuse - be it physical, psychological or sexual - you will be able to make a criminal injury and abuse compensation claim. This offers you the opportunity to seek justice following an extremely harrowing and stressful time.
The expert criminal injury solicitors at JMW understand the difficulty you’re facing at this moment and we will work with you to ensure your criminal injury claim is successful. We have vast experience in sympathetically, sensitively and successfully handling cases of this kind, including claims made to the Criminal Injuries Compensation Authority (CICA).
How JMW Can Help
Our criminal injury solicitors understand that coming forward to tell someone you have suffered abuse, or are being abused, is an extremely difficult thing to do. However, seeking legal help is an important step to ensure you are removed from a dangerous situation, are able to get the justice you deserve, and are in a good position to make a claim for crime victims compensation, which can help get you back on your feet.
Suffering criminal injury or abuse can involve either physical or psychological harm, or both, and this makes it all the more important that you have immediate access to the best kind of support, such as counselling or psychiatric help.
Making a claim for criminal injury compensation may be the last thing on your mind, but our solicitors are here to help you through the process with a minimum of hassle. Claims can be made for both vulnerable adults and children, and may be brought against the organisation that allowed the abuse to take place.
The abuse claims team at JMW will make the claims process as straightforward as possible for you, as we understand recounting these terrible incidents can be incredibly distressing. We will carry out a full investigation into the circumstances of your injury or abuse and collect information and evidence that can help strengthen your case, as well as bring in expert help to provide assessments and reports on the effects of the abuse.
Throughout the process, we will provide regular updates on the status of your claim, letting you know about the next steps. Our aim is to make the process as easy as possible for you and we handle all cases with sensitivity and diligence.
Types of Abuse
We specialise in a range of criminal compensation claims, including, but not limited to assaults in the workplace. Unfortunately, it is not unknown for employees to be assaulted at work. This can happen to almost anyone in their place of work but is more common among care assistants, nurses, security guards, and prison officers
We all expect to be kept safe at work; however, attacks in the workplace can and do happen. Employers have a duty of care to safeguard their workers and to do everything possible to keep them from harm. If your employer has put you at risk of foreseeable or unnecessary injury, or has not adequately protected you, a compensation claim may be brought for the pain and suffering caused.
Your employer may be held responsible if you are assaulted at work if:
- They ignore previous violent behaviour from a co-worker, patient or client who later attacks you
- They have left you to work alone, leaving you in a vulnerable situation
- You have not been given adequate training to deal with hostile situations
- You have not been provided with adequate personal protective equipment (PPE)
To make a claim if you have been assaulted at work, get in touch with our solicitors today to make a criminal injury compensation claim.
If you have been the victim of physical abuse, a successful criminal compensation claim could significantly help to improve the quality of your life. The legal experts at JMW understand that you may be going through a difficult time and will provide reliable and comprehensive advice delivered in a sensitive and easy-to-understand manner.
Seeking legal advice can be an important step in getting the justice you deserve, enabling you to move on with your life and helping you to secure crime victims compensation for the abuse that can make a positive impact as you do so. We place a great emphasis on treating such cases with sensitivity and professionalism, and our team is friendly, approachable and on hand to offer the support you need.
Physical abuse can encompass many different areas of abuse, such as that against children or vulnerable adults. Anyone can be subject to abuse or assault, and it can have a significant impact on your life, both physically and psychologically. Therefore, it is imperative that you have access to help from a legal firm that can provide the support and guidance you need to assist you through what can be a difficult time. Claims of this type can seem complex and daunting, but we are here to ensure yours is as straightforward and hassle-free as possible.
When you make a physical abuse compensation claim with JMW, we will first take the time to outline the legal process and what you may expect to recover as compensation. Our legal experts will gather the information and evidence necessary to build a case of sufficient strength to make your claim a success, bringing in appropriate, independent medical experts to carry out assessments and provide reports on your prognosis.
You can make a claim either against the person responsible for the abuse, or the organisation that allowed it to happen. Such organisations can include:
- Care homes
- The church
- Local authorities
- Children's homes
We make what can be a time-consuming and stressful process as easy as possible, and ensure you are up to date with everything we are doing regarding the claim. We always take a sensitive and professional approach to cases of this type and will be here to guide you through every step of the process. We understand that it can be traumatic to recount such terrible incidents, but we will help you feel safe and comfortable throughout.
Sexual abuse is a tragic crime that can have lasting emotional, psychological and physical effects for its victims. No amount of money will ever make up for your suffering if you have been the victim of sexual abuse, but compensation can help to significantly improve your quality of life as you look to move on.
At JMW, our team has the experience, expertise and compassion necessary to secure the compensation you deserve should you wish to make a sexual abuse compensation claim. We appreciate that discussing sensitive matters of this nature can be very daunting, but our experts are here to provide all of the guidance and support you need.
We know that recollecting such terrible events can be very traumatic, and that is why we always aim to make you feel safe and secure, while we do our very best to ensure that what can seem a daunting process is made as hassle-free as possible.
Sexual abuse claims are not only made against individuals; they can also be made against various organisations if they failed to protect you from the abuse. These can include:
- Local authorities
- The church
- Care homes
- Children's homes
Once you decide to make a claim, we strongly advise you get in touch with us so that we can get your claim underway. This is because, in most circumstances, there is a two-year time period to make a sexual abuse claim after the incident has occurred. In exceptional circumstances, such as historic sexual abuse, this time period can be extended. However, in order to make sure you get the justice you deserve, once you are confident that you want to make a claim, we would advise you contact us so that we can make sure your voice is heard.
We will not pressure you into doing anything you don't want to do and will outline the best way to get the compensation you deserve. You can claim compensation for the following:
- The incident(s) of sexual abuse
- Any psychological or psychiatric damage caused
- The cost of therapy or treatments required following abuse
Even though the CICA funds compensation given to victims of sexual abuse, you need to make sure you have a strong case. Our specialists will help you do that by gathering all of the evidence required to help you get the victim compensation to which you are rightfully entitled, and talking you through all the work we undertake on your behalf in an easy-to-understand manner.
Talking to our experts will give you the peace of mind that your claim is in safe hands and we will endeavour to make sure you feel comfortable throughout the process. We will always be here to provide the support and advice you need throughout the course of your claim.
Criminal Injuries Compensation Authority (CICA) Claims
Not all criminal injury claims are handled by the organisation that allowed the abuse to take place. The Criminal Injuries Compensation Authority (CICA) is the government agency responsible for handling claims from people who have been physically or mentally injured as the result of being a victim of violent crime in England, Scotland or Wales.
When a criminal injury claim is made on your behalf and your circumstances match with those outlined above, it is the CICA who will ultimately pay your compensation award, although a solicitor will still handle the process of making a claim on your behalf.
A CICA compensation award will cover:
- The abuse suffered
- Any injuries sustained
- Psychological damage
- Cost of any therapies following abuse
Even if an offender has not been caught or identified, crime victims compensation can still be paid out by the criminal injuries compensation board.
This can be a complex area of law to get to grips with, and we would urge you to seek legal advice if you think your claim may match the circumstances we’ve outlined above. Even if you have suffered some form of abuse, but are unsure about what to do or whether you can make a claim, a legal expert will be able to advise you of the next steps in confidence.
FAQs About Abuse and Criminal Injury
How do I make a criminal injury compensation claim through CICA?
Making a CICA compensation is pretty straightforward. To start a claim, you must have:
- The crime reference number
- The name of the offender (if known)
- The contact details for any medical expert who have provided treatment
- The date of any court case
Our solicitors will then take care of the rest by liaising with the CICA.
How much compensation could I receive following a criminal injury?
The amount of compensation you will receive largely depends on the severity of your injuries. There is certain criteria for an award of compensation set out in CICA’s Criminal Injuries Compensation Scheme. If you satisfy the criteria, the amount of compensation you receive will be assessed from a set of tariff awards available.
Compensation amounts can also be determined by any expenses incurred as a result of your injuries, such as time taken off work, medical treatment, care requirements, and so on. Our solicitors will be able to advise on the amount of compensation you are likely to receive following a criminal injury.
What type of criminal assault does the CICA handle?
The CICA will handle any type of criminal assault that has caused physical or psychological injury. Some examples of the type of assault it handles include:
- Common assault
- Assault causing actual bodily harm (ABH)
- Assault causing grievous bodily harm (GBH)
- Assault in a public place
- Assault at work
- Domestic assault
- Assault by a security guard or ‘bouncer’
- Criminal assault
- Assault leading to a fatality
- Assault with a weapon
- Sexual assault - any sexual contact without consent
If a case involves more than one kind of assault, the CICA will award a compensation settlement based on the crime that is most serious.
What are my rights if I am assaulted at work?
If you are assaulted at work by a co-worker, a client or a supplier, it’s important to know your rights. Such experiences can be especially traumatic because people spend a lot of their time in their workplace, and if they no longer feel safe, this can impact their quality of life.
Under some circumstances, you may have a right to claim compensation. Your employer has an overall responsibility to keep you safe, and if they have failed to do so, you may be owed damages, but there are lots of factors that can affect this and it’s best to speak to a solicitor about your specific situation.
You have the right to work in a safe environment, which means your employer must assess any risk of violence that you are likely to face in your job, and take steps to reduce this risk. Some people are more likely to be assaulted at work, either because of the type of work they do, the material conditions of their job, or the people they come into contact with while undertaking their duties. But even if your workplace doesn’t fit into these categories, your employer must still reduce any risk of physical, psychological or sexual abuse where they can. You must be able to prove that your employer failed in this capacity to pursue a claim against them.
You may be able to pursue a claim even if you were assaulted at work by someone who is not an employee, such as a visitor or a customer. Below, we’ve listed some more conditions which could affect your right to compensation, with more detail on your employer’s responsibilities and how these might affect your circumstances.
Can I claim compensation for an assault through CICA?
You may be able to claim compensation through CICA if you have experienced a violent crime or suffered an injury that is covered by the scheme. You can claim even if you don’t know the identity of your attacker, but you must have reported the incident to the police.
Under CICA’s definition, crimes of violence can include physical attacks that cause injury to a person, threats that cause a reasonable fear of immediate violence, and sexual assault.
You can also claim for prolonged, serious abuse, such as domestic assault of an adult or a child. In such incidents, you may not need to demonstrate that you sustained an injury due to the attack, but you should still report all such incidents to the police.
Payments through the scheme are determined by the nature and severity of the injuries sustained in the assault. This includes:
- Burns, whether in one or multiple areas of the body
- Major paralysis
- A medically recognised illness or condition
- Mental injury
- Peripheral sensory nerve damage
More information about claiming compensation for assault through CICA, including a more detailed list of injuries and incidents that the scheme covers, can be found here.