If you have been the victim of a violent crime resulting in injury, you may be eligible to claim criminal injuries compensation. The following guide to the criminal injuries compensation authority (CICA) examines in detail how CICA criminal injury claims work — from what constitutes a criminal injury and who qualifies for compensation, to how long a criminal injuries compensation authority CICA-claim typically takes to process.
What is criminal injuries compensation?
Criminal injuries compensation is a sum of money awarded to victims of violent crime by the criminal injuries compensation authority (CICA). The CICA are a government-funded organisation set up to compensate innocent victims, regardless of whether or not the perpetrator is identified, caught or convicted. Additionally, being the victim of a violent crime for the purposes of the CICA scheme is not limited to being physically assaulted. In addition to those cases in which a victim is injured, it can also include where:
- you witnessed a loved one being subjected to a violent crime or were present in the immediate
- aftermath, and suffered a disabling mental injury because of this
- a close relative is fatally injured because of a violent crime
- you paid for the cost of a funeral of someone who died because of a violent crime.
You may also be entitled to a CICA claim if you were injured trying to stop a crime, and you were taking a ‘justified and exceptional’ risk in doing so.
Who can claim for criminal injury?
To be eligible to bring a claim for criminal injuries compensation, first and foremost, the crime must have taken place in either England, Wales or Scotland. There are also rules around the nationality of prospective Claimants, where you must have been one of the following at the point at which the crime took place:
- a British citizen, or an EU/EEA national, or close relative
- a family member of an EU/EEA national with a right to be in the UK
- a member of the armed forces, or close relative living in their household
- an asylum seeker
- a potential victim of human trafficking, although this special victim status must be confirmed by both UK Visas and Immigration and the UK Human Trafficking Centre
- a national of a country signed up to the Council of Europe Convention on the Compensation of Victim of Violent Crimes.
You will also be eligible to claim criminal injuries compensation if you were classed as ordinarily UK-resident at the time of the crime.
Finally, the crime must have been one that was reported to the police, where you must have co-operated, as far as reasonably practicable, in bringing the perpetrator to justice. In most cases, you must apply for compensation from the CICA within 2 years of the crime, unless you are claiming because of childhood sexual or physical abuse and/or you could not claim earlier because, for example, your mental or physical health prevented you from doing so.
How to make a criminal injuries compensation claim
To apply for criminal injuries compensation, you can do so online at GOV.UK, where it does not cost anything to submit a criminal injuries compensation authority CICA-claim. The cost of the application process is free. If additional medical evidence is needed, you may need to contribute up to £50 towards the cost of this although, if you are required to see an expert, the CICA will pay the reasonable cost of travel to and from an appointment.
When you apply to the CICA, as part of your application you may need to provide:
- the date and location where the crime took place
- the crime reference number and police station where the crime was reported
- the name and address of your GP
- the name and address of your dentist, if dental treatment was needed due to your injuries
- details of any previous applications that you have made to the CICA
- details of any unspent criminal convictions, where these may affect whether you are entitled to claim criminal injuries compensation and how much.
As the CICA scheme is intended to be an option of last resort, you will be asked if you have tried to obtain any other money that you may be entitled to, for example, by claiming social security benefits, insurance payments, or damages from a civil court claim or any criminal court case. This essentially means that where the opportunity exists for you to claim compensation from another source, you are expected to take all reasonable steps to do so. However, you do not need to wait for the outcome of any other claim before you apply. You should make your CICA claim as soon as possible, although a decision may not be made until the CICA are satisfied that you could not claim compensation from elsewhere.
Importantly, you must keep the CICA informed as to any other claims being pursued. If you deliberately provide information to the CICA that you know is wrong or misleading, your application for criminal injuries compensation may be refused. You will also be at risk of criminal prosecution for having attempted to fraudulently obtain compensation.
How much is criminal injuries compensation?
The CICA recognises that no amount of compensation can actually make up for the pain and suffering experienced by victims of violent crime, where awards are intended to be an important gesture of public sympathy and an acknowledgement of the harm caused.
Under the CICA scheme, claims will be considered for:
- physical or psychological injury
- sexual or physical abuse
- loss of earnings arising directly as a result of a criminal injury
- special expenses payments, covering certain costs incurred as a result of a violent crime
- bereavement payments for a fatality caused by a violent crime, as well as loss of parental services payments, and for financial and physical dependency, and funeral payments
To be eligible for loss of earnings, any injury must have resulted in a total inability or very limited capacity to undertake paid work for a period of 28 weeks or more. If you are capable of work, but your injuries are restricting what you can do, you will not qualify. You must also be able to provide the CICA with evidence to prove that you were in work at the time or that you have an established work history during the 3 years prior to the incident. Alternatively, you must have a good reason for not having an established history, including being in full-time education, or unable to work by reason of age or caring responsibilities.
If you are eligible to claim for loss of earnings, this will only be payable from week 29 onwards, where you cannot claim for the first 28 weeks of loss. The length of any payment will then be calculated either until you are no longer incapable of paid work, the day you are due to reach state pension age or your expected end of life where your injury has shortened that period. The payment for loss of earnings will be calculated based on the rate of statutory sick pay applicable at the time a decision is made, reduced according to the multiplier tables and discount factors set out at Annex F of the CICA scheme.
To be eligible to claim special expenses, your criminal injury must have been so serious that you have either been unable to work or incapacitated to a similar extent for longer than 28 weeks. However, unlike payments for loss of earnings which are payable only from week 29, any recoverable expenses will be payable from the actual date of injury.
These expenses could include things like the cost of care, home adaptations or mobility aids, provided these costs are reasonable and deemed necessary as a direct result of your injury. Equally, similar provision must not be available for free from any other source. You can also claim for the reasonable cost to replace any physical aids damaged as a result of a violent crime, such as dentures, walking sticks and/or glasses.
Examples of criminal injury claims payouts
Awards of compensation for criminal injury claims can include amounts for either physical or psychological injury suffered as a result of violent crime, ranging from £1,000 to as much as £250,000. However, to qualify for an award, your injury must fall within the tariff of injuries set out under Annex E of the scheme, where the CICA must pay an award in accordance with these prescribed amounts, based on the severity of your injuries.
When it comes to multiple physical injuries, these will be compensated under the scheme on a staggered scale. Only the severest three will be included in the compensation calculation, where the lesser two of those injuries will attract a reduced tariff. This means that you may be entitled to the full tariff value for the most serious injury, so 100%, but only 30% of the tariff amount for the injury with the second highest value, plus 15% of the amount for any additional injury with the third highest value. Each award is then added together to calculate the full compensation that you may be entitled to.
The follow case study illustrates how this works in practice:
Following a night out at local pub, John was involved in an altercation that was not his fault, resulting in a fractured eye socket, significant facial scarring and a broken forearm. He also needed an operation. In this case, John would be awarded 100% for his fractured eye socket (£2,400); 30% for the facial scarring (£720); and 15% for the broken forearm (£225). Provided John reported the assault to the police and co-operated with the police, and does not have any unspent criminal convictions, he would receive a total of £3,345 in compensation. If John did have a previous conviction, this may result in either a reduction of his award or, in some cases, a total rejection of his application.
How long does a CICA claim take?
Having submitted your application for compensation, the CICA will need to check carefully that you are entitled to an award. This means that they will need to contact the police to ensure that the incident was reported without unreasonable delay, unless the matter relates to historic abuse, or you were unable to immediately report the matter due to an injury or other incapacity. The CICA will also request confirmation that your own behaviour did not in any way contribute to the incident in which you sustained your injuries, that you fully co-operated with the police, and whether you have any criminal record.
The CICA will seek medical proof of the injury, or injuries, for which you are seeking an award of compensation by contacting your GP and/or any hospital where you received treatment. In particular, the CICA will want to ensure that any injury you are claiming for was caused in consequence of the violent incident in question and not because of something else. The CICA may also sometimes request a report from a specialist consultant.
The types of enquiries necessary to validate criminal injury claims can take time. The CICA may additionally request further evidence from yourself including, amongst other things, proof of any loss of earnings or special expenses, where relevant. Importantly, you are required to give all reasonable assistance to the CICA in connection with your application at all times, where the CICA may refuse or reduce and award if you fail to do so.
It is only once all enquiries are complete can the CICA assess the value of your award, where it can take several months before an offer is received, although the CICA aim to assess most applications within 12 months. In complex cases, where a final decision cannot be made because the CICA are waiting until the long term impact of your criminal injury is understood, you may be awarded an interim payment. However, the CICA must be satisfied that you will have an entitlement to compensation of a certain value, likely to be lower than any final award. Any interim payment will then be deducted from your final award.
Criminal injuries compensation FAQs
How much compensation do you get for criminal injuries?
The amount of criminal injuries compensation you will get will depend on the nature and severity of the injury suffered as a result of a violent crime, where there are set tariffs used by the criminal injuries compensation authority (CICA).
Who can claim criminal injuries compensation?
To be eligible to claim criminal injuries compensation, you must be living in the UK and the crime must have happened in Great Britain. You must also have reported the matter to the police and claim within 2 years.
Can I get compensation for being attacked?
You may be entitled to claim compensation for being attacked under the criminal injuries compensation scheme if you were not to blame for any altercation, and you report the matter and fully co-operate with the police.
How much compensation will I get for assault UK?
The amount of compensation that you may be awarded for being assaulted in the UK will depend on how seriously you were injured in that attack. However, you may be able to claim for both physical and/or psychological injuries.
Legal disclaimer
The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.
FAQs
How much compensation does Cica have? ›
CICA compensation amounts for a criminal injury are 100% of the first injury (most serious injury), 30% of the second (most serious) injury and 15% of the third (most serious) injury. If injuries are the same severity, one is calculated at the lower percentage.
How do I check my CICA claim? ›Can I check the progress of my claim? Anyone who is wishing to discuss the progress of their application can call the CICA helpline on 0300 003 3601 and their advisors will do their best to provide an update on the position of a case.
How much is victims compensation in Tennessee? ›What is the maximum compensation? The maximum benefit of combined expenses for a victim and/or other eligible persons is $32,000.
What does CICA stand for? ›Conference on Interaction and Confidence Building Measures in Asia(CICA) Conference on Interaction & Confidence. Building Measures in Asia.
How long does it take for CICA to pay out? ›Once a financial sum offered is accepted, we aim to pay compensation directly to an applicant's bank account or to that of their representative within 20 working days.
What type of victims received money most often? ›Homicide claims accounted for 92 percent of the total amount of compensation paid for funeral/burial expenses, while other vehicular crime and DUI/DWI constituted an additional 7 percent.
How long does it take to get a compensation payout? ›After accepting an offer of settlement for a personal injury claim you will usually receive your compensation money within 14-28 days from the date of settlement. However this timeframe is only a general guide, as how long it takes to receive your compensation can vary based on the below factors.
What is the 2 year time limit for CICA? ›The normal time limit for making a CICA claim is two years from the date of the crime. However, there are some exceptions to the two year rule, including: Children – you can make a claim at any point before the child's twentieth birthday, if the crime was reported to the police while the person was still a child.
How long does it take to receive a offer of compensation? ›In some cases, insurers will process the compensation payout within a few days. In most cases, though, you will have to wait between two and four weeks to receive your compensation.
What is a victim entitled to? ›Victim Rights
Right to protection by having their security and privacy considered during the investigation. Right to participation by conveying their views when decisions are made by authorities that affect their rights under the Act, and to have those views considered.
How is compensation given to a victim? ›
-- (1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
How is pain and suffering calculated in Tennessee? ›To determine pain and suffering, consider the following factors: plaintiff's age, lifestyle of the plaintiff before the accident, how the accident affected activities of daily life, whether the plaintiff could not do extracurricular activities, medical diagnosis, type of treatment, length of treatment, and permanent ...
What is the benefit of CICA? ›The benefits of Cica read like a who's-who of skincare needs—it improves scratches, burns, helps heal hypertrophic wounds, enhances collagen, acts as an anti-inflammatory agent for conditions like eczema, and more! Tigers even roll around in Cica to help heal their wounds in the wild.
Who can claim CICA? ›In 1965 The Criminal Injury Compensation Authority (CICA) was created, so that innocent victims of crime could receive compensation for physical (scarring, broken bones, loss of vision) or psychological (depression, emotional, flashbacks, panic attacks and nightmares) injuries and financial losses (loss of earnings or ...
Do I have to pay CICA back? ›Although you can make both a CICA and a civil claim, if you succeed in your civil claim, you will be expected to pay the CICA back any money that you may have already received from them.
Should you accept first compensation offer? ›you don't have to accept any offer that's made to you. If you do accept an offer it might be lower than the compensation you would have got if you'd used a solicitor or gone to court instead. don't feel under any pressure to make a decision quickly.
Should I accept first offer from CICA? ›You may find yourself bypassing the question “should I accept the first CICA offer?” and simply accepting the amount. But you should consider carefully whether the amount you've been offered is sufficient. It may not cover the costs you incurred as a result of your injuries.
What is the CICA process? ›The CICA's scheme allows victims the chance to recover compensation in situations where 'normal' personal injury claims may not be possible. Personal injury claims are usually directed against the party who can be held legally responsible for the injury.
Who is entitled to criminal injuries compensation? ›If you've been injured by a violent crime, you can apply for compensation from the Criminal Injuries Compensation Authority (CICA). You will be eligible if the crime has been committed in the past two years, and if it was reported to the police as soon as possible.
Who is most vulnerable to be a victim? ›Children are the most vulnerable and most exploited members of our society. The criminal victimization of children impacts not only the children, but also their families, community, and society at large. Unfortunately, children are but one segment of society that is at risk.
Can I get compensation for being assaulted? ›
It also has in place a set tariff which contains amounts for different injuries. We should mention that the Scheme only allows for assault compensation to be paid for a maximum of three injuries. The most serious injury would be compensated at 100% of the tariff rate.
What are the stages of a compensation claim? ›- Initial Instructions. ...
- Letter of Claim. ...
- Collating Evidence. ...
- If Liability is Admitted. ...
- Obtaining Medical Evidence. ...
- Preparing a Schedule of Financial Losses. ...
- Negotiating Settlement. ...
- If Liability is Denied.
The composition of compensation
compensation is split into three parts – or 'heads of damage'. Each part considers either what the injured person has already lost, what he might lose or need in the future, or how much he has suffered. The courts often calculate using previous cases with a similar injury.
Generally, the insurance company has about 30 days to investigate your claim. Pro tip: Your state's statutes of limitations will also determine how much time you have to file and settle a claim. The statute of limitations for insurance claims varies by state, as well as by claim type.
How much does CICA pay for PTSD? ݣ11,200 Compensation Payout For PTSD Caused By Assault (CICA) РCase Study & Claims Guide to Calculating PTSD Caused By Assault (CICA) Compensation. By Megan Webster. Last Updated 25th January 2023.
Can I claim compensation after 5 years? ›Time limits
You should get legal advice urgently if you want to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.
The CICA scheme will not allow you to make a claim for the same incident twice. However, under some circumstances it may be possible to have a claim re-opened. For such cases we need to establish the basis of the medical evidence the original decision was made.
Why is my compensation taking so long? ›Your settlement could be delayed because your case involves large damages, or put simply, a lot of money. In this case, insurance companies will delay paying money out on a settlement until they are confident about it. They will investigate every aspect of the case and every detail of the liability and damages.
Can you claim compensation for trauma? ›If your PTSD was caused by an accident that wasn't your fault or the negligence, or breach of care of another party, then you may be eligible to make a PTSD claim. PTSD claims are frequently brought following car accidents, assaults in the workplace, medical negligence, workplace accidents or military injuries.
When should you negotiate compensation? ›The hiring process is the perfect time to negotiate your salary, but it's best practice to avoid salary discussions during an interview. Wait until you get an official job offer to start negotiating. This gives you leverage because you are sure they want to hire you.
What are the 4 rights of victims? ›
The United Nations Declaration matches these victims' needs with a range of rights, including the right to respect and recognition, the right to protection; access to justice and a fair treatment; assistance and support; and redress for the negative effects of crime in form of restitution and compensation.
Can victims get money? ›A victim can ask for financial compensation from the person who committed the crime. This can be done in a criminal or civil lawsuit.
What is achieving best evidence? ›It considers preparing and planning for interviews with vulnerable and intimidated witnesses, decisions about whether or not to conduct an interview and decisions about whether the interview should be visually recorded or whether it would be more appropriate for a written statement to be taken.
What are three different types of compensation you can receive? ›The total compensation offered to an employee may be broken down into direct, indirect and intangible compensation.
Do victims of crime get compensation in USA? ›All U.S. states and territories can apply. To receive compensation, victims must comply with state statutes and rules. This requires victims to cooperate with reasonable requests of law enforcement and submit a timely application to the compensation program.
In what cases compensation can be awarded to the complainant? ›A complainant or informant who has been ordered under Sub-Section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order as if such complainant or informant had been convicted on a trial held by such Magistrate.
How much can I sue for emotional distress in Tennessee? ›Tennessee tort reform laws have put a cap on the amount a plaintiff can claim for pain and suffering, including emotional damages. A plaintiff may only claim up to $750,000 for pain and suffering and up to $1,000,000 in cases of catastrophic loss or injury.
How much can you sue in TN? ›Tennessee statutory caps on damages.
For non-economic damages, the cap is $750,000 per incident (or $1 million for catastrophic losses like amputation). For punitive damages, the cap is twice the amount of economic damages or $500,000, whichever is greater.
Per Diem Method
According to this method, a daily value is assigned to the pain and suffering using factors like those outlined previously. This daily value is multiplied by the number of days the injured person experienced pain and suffering to arrive at the total amount of non-economic damages.
Since centella asiatica is rich in antioxidants and has such soothing and reparative properties, Klein generally recommends applying cica cream in the morning or twice daily after cleansing. However, keep in mind that some cica creams also contain retinol, says Klein.
What is CICA treatment? ›
Description. [Damaged Hair Treatment] Grafen Cica Care Treatment is targeted for those with extremely dry/damaged hair to help achieving hair softness, stronger hair and strengthening hair roots.
What are the ingredients in Cica? ›Cica, also known as Centella asiatica, is a leafy green herb rich in fatty acids, vitamins and amino acids. It's been used for centuries in traditional Chinese medicine to treat redness and inflammation thanks to its effective healing and soothing properties.
What are the CICA payouts for PTSD? ›If you suffer multiple injuries because of the assault, you can claim compensation for up to three injuries. When this is the case, you would receive 100% compensation for the primary injury, 30% compensation for the second highest-value injury and 15% for the third-highest value.
What is the criminal injuries compensation tariff 2022? ›In 2022 the CICA makes compensation payments based on the Criminal Injuries scheme 2012. It is a complex system of tariffs set out in the CICA Scheme handbook. It sets out over 400 different injuries and allocates 1 of 25 different tariffs for each injury. The tariffs range from £1,000 up to £250,000.
Will I get compensation for being assaulted? ›Your compensation for assault will always be driven by the unique circumstances of the incident. It will also vary depending on whether you make a personal injury claim or criminal injury claim. For personal injury claims, your victim of crime compensation may comprise general and special damages.
Why do PTSD claims get denied? ›One of the most common reasons the VA gives for denying PTSD claims is lack of evidence. Obtaining the evidence the VA wants to see to approve a claim can be a challenge; however, it is possible. A knowledgeable PTSD appeals attorney can help veterans present a compelling application while saving them time and stress.
What percentage of PTSD claims are approved? ›Top 10 Most Common VA Disability Claims
The average (mean) VA disability rating for PTSD is between 50 percent and 70 percent, with 53.9% of veterans being rated between 50% and 70%.
What is the Average VA Disability Rating for PTSD? On average, most veterans who receive VA disability for their service-connected PTSD are rated at the 70 percent level.
Who is eligible for criminal injuries compensation? ›Criminal injuries compensation
You will be eligible if the crime has been committed in the past two years, and if it was reported to the police as soon as possible. It doesn't matter whether the offender has been caught, but there are other rules which affect your chances of getting any money.
In summary, the timescale for a typical Criminal Injuries Compensation Authority payout is around 12 to 18 months. Factors that could affect how long a claim will take include the complexity of the claim and the level of compensation it could pay. Cases where ongoing treatment is required will take much longer.