If You Are A Prison Officer And You Are Assaulted At Work You May Be Entitled To Compensation
The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme of Compensation for Personal Injuries criminally inflicted may pay compensation in respect of personal injury inflicted on a Prison Officer where the injury is directly attributable to a crime of violence caused to him/her in the performance of their duty.
This scheme is handled by the Criminal Injuries Compensation Tribunal (CICT) and the Department of Justice and Equality operates the scheme.
It is important that the assault on duty is reported to Management and fully documented and where possible, it should also be reported to An Garda Síochána.
Under the terms of the Scheme applications for compensation should be made as soon as possible and must be made within 3 months from the date of the incident causing the injury (IOD). However, the Tribunal has discretion to admit a late application “in circumstances determined by the Tribunal to justify exceptional treatment”.
A comprehensive Application Form must be lodged with CICT within 3 months of the assault and injury and must be acknowledged as received by the CICT. In due course, when all medical treatment and out of pocket expenses are finalised and completed all medical reports and the original receipts for your out of pocket expenses are then lodged with the CICT for determination by a Single Member. Unfortunately, it can take some time to get a determination (Award) and if you are not happy with the Award you can file an Appeal, with your Appeal ultimately heard before a 3 Member Panel of the CICT. That Award is final. The CICT does not pay legal costs.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Jody is a Partner in our Litigation Department.
Having graduated from University College Cork in 2009, Jody completed his apprenticeship with a top litigation defence firm in Cork City and qualified as a Solicitor in 2014.
Prior to joining Cantillons Solicitors in 2016, Jody worked for a leading Dublin firm, specialising in the area of commercial litigation and dispute resolution. There he gained valuable experience in defending and prosecuting high end, large scale commercial disputes before the Commercial Court.