The Criminal Injuries Compensation Authority (CICA) pays compensation to people physically or mentally injured because of a violent crime in England, Scotland or Wales, or in an act of terror abroad. CICA is an executive agency, sponsored by the Ministry of Justice.
Full details including eligibility criteria and guidance can be found using the button below
Emergency workers face confrontation, violence and aggression on a regular basis, often in highly dangerous and volatile environments. Our roles and responsibilities place an obligation on us to act and there will be many occasions where we put ourselves in harms way on behalf of the public.
Many emergency workers sustain injury while trying to detain, restrain or control violent offenders. Other receive injury by being struck by objects during public disorder events. They might not always be directly assaulted per se but are often injured owing to the recklessness of the offender's behaviour. Intent and recklessness are key elements in assault.
Compensation is not the same as criminal justice, but it can form part of the recognition process and in many cases go towards easing the burden and subsequent hardship of any injury sustained.
What this means to you?
Where an offender, detainee or individual acts violently either intentionally or recklessly and causes injury, it is right and proper that these instances are recorded and evidenced effectively.
Recently the CICA published refreshed guidance to assessors in relation to eligibility and the relevance of the risks and activities faced by emergency workers. The clarification and revised guidance are a very positive step not just for police officers and staff but for all frontline emergency workers. However, the onus remains upon the applicant to ensure the very best evidence is provided.
Top tips: CICA applications and best evidence:
- Before you start an application, you should take the time to read and understand the eligibility criteria which may involve a discussion with your Federation, union or staff association rep.
- It would be prudent to read and understand the definitions used under the eligibility criteria, particularly what would be considered as a “crime of violence”. This is the element that is likely to be most relevant.
- You need to have a realistic expectation of success and should be able to clearly describe the injury sustained and be able to articulate and evidence how it was caused.
- Each case will be assessed on its merits, but the onus is on you to ensure that you clearly and accurately describe the circumstances.
- You cannot expect the assessor or case worker to "read between the lines" so you must make every effort to describe the actions, backdrop, surroundings (including the presence of others) and the risks posed.
- Be sure to explain the operational context in which you were working, were others vulnerable, what could be reasonably foreseen as the likely outcome had you not taken the action you did.
- Provide evidence to describe any use of verbal command or instruction, responses or verbal threats made, level of force required to attempt to gain control and actions taken to protect and defend yourself or others.
- Consider and describe any deliberate act where you may have been targeted and assaulted.
- Where there is no direct assault or deliberate act and you are relying on the reckless nature of the offenders’ actions be careful to articulate the reckless behaviour of the offender. Remember, recklessness in an assault can involve an offender intentionally taking a known and unjustified risk of causing another person to fear immediate 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 their actions could result in physical harm or the victim fearing it.
- Examples include struggling during an arrest and in the process, causing injury to an officer, or engaging in a physical fight where the offender knows their actions could harm the other person, but take that risk anyway.
- 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.
In short, where the evidence exists, leave no room for the injury to be interpreted as accidental.
Types of assault offence to consider
The scheme requires that any incident subject to an application was reported to police so a crime reference number will be needed. The following list is not exhaustive, but it is advisable to consider the points to prove and ensure the offence is accurately recorded:
- Common assault
- Assault on a Constable
- Assault on an Emergency Worker
- Assault with intent to resist arrest
- ABH
- GBH
How much compensation could I receive?
You may be eligible for an injury payment of between £1,000 and £250,000. The amount will be determined by:
- the type and severity of injury you’ve suffered
- how much you’ve recovered (returned to normal)
- how long the symptoms will last
- the level of any disability caused
You can apply for multiple injuries and other types of payment, such as loss of earnings. The maximum total compensation award is £500,000.
Not every application will be successful but the quality of your evidence and application are essential in the assessment of any claim.