Criminal Injuries Guidelines for Prison Officers
In the event that an Officer is injured as a result of a criminal act being committed the following guidelines should be used. There is however two major points to be taken on board.
- There is no provision for payment of a solicitor to act on an applicant’s behalf in a criminal injuries case, therefore if a solicitor is engaged the cost will be borne by the applicant.
- An applicant MUST contact the Criminal Injuries Tribunal within THREE months of the date of the criminal act being committed.
- Any injury sustained due to a criminal act inside the Prison Estate must be reported to the Governor of the Prison through the supervising officer in charge of the area without delay subject to the nature of the injuries. (A criminal act should also be reported to the Gardai if of a serious nature such as an assault on staff). If the injured officer cannot report this matter it is important a witness to the criminal act reports the matter to the supervising officer without delay. It is important to point out there is an obligation on Prison Management to ensure the injured Officer is afforded support and care at the scene of any injury sustained due to a criminal act and that the prisoner(s) involved are put on report.
- Any injury sustained due to a criminal act identifying the injured party as a Prison Officer while off duty must be reported to the Gardai without delay. A report should also be made to the Governor as soon as possible. It is important that medical assistance is sought on the day of the injury as any medical treatment will be recorded and reports sought for submission to the Criminal Injuries Tribunal.
- Any injury sustained due to a criminal act must be reported to the surgery where the injury can be assessed, treated if possible and recorded. The surgery will advise you seek G.P and/or hospital care to assess and treat your injuries. In the event of the officer requiring immediate treatment in a hospital the records of the treatment in the hospital can be obtained at a later stage.
- After the recording of the incident both with the Governor and the surgery it is important you are seen by a G.P and/or Hospital on the day of the injury.
- Contact the Criminal Injuries Tribunal Board within THREE MONTHS of the date of the injury.
- After contacting the Criminal Injuries Tribunal Board an application form will be sent to the injured officer to outline details of the injury, incident etc. The form is filled out and sent back. Please note there is no provision for payment of a solicitor.
- The Criminal Injuries Tribunal Board will write to an applicant at various stages to ascertain if an officer has recovered from their injuries and to submit supporting medical reports from the date of the injury. Once an officer indicates that he/she has recovered fully from the injury received the application with relevant reports will then be sent to a single member of the Criminal Injuries Tribunal Board for assessment.
- After a period of 10 to 12 weeks the single member of the Criminal Injuries Tribunal Board will deliver his/her decision and relay this decision to the applicant in writing.
- If the applicant is satisfied with the award, you inform the Criminal Injuries Tribunal Board that you will accept this award. Payment normally takes another 8 to 10 weeks.
- If an applicant is unsatisfied with the award then you appeal the decision to the Criminal Injuries Tribunal Appeals Board. This board is made up of three members. An appeal normally takes more than one year for date of hearing from refusal of initial award. The appeal is heard in person, supporting documentation can be submitted and discussed at the appeals hearing. If successful after the appeal the applicant will be informed in writing. If accepted it will normally take another 10 to 12 weeks to receive payment. If unsuccessful there is no other form of appeal.
The Criminal Injuries Compensation Tribunal provides for the payment of ex-gratia compensation in respect of a personal injury inflicted on a prison officer. The injury must have been sustained on or after the 1st April 1986. The scheme is funded by the Department of Justice and Equality and administered by the Criminal Injuries Compensation Tribunal. The Tribunal currently consists of a Chair and six ordinary members. It administers two non-statutory schemes.
- The Criminal Injuries Compensation Scheme.
- A Criminal Injuries Compensation Scheme for Prison Officers.
- Applications must be in writing and made as soon as possible but not later than 3 months
after the injury event.
- The injury must have been criminally inflicted.
- The event must have been reported to An Garda Siochána and full cooperation given to the criminal investigation.
- Applicants must indicate if the incident is the subject of criminal proceedings.
- Applications must be supported by appropriate documents and receipts.
- Other limitations also apply as set out in the Scheme.
Paragraph 21 of the General Scheme provides that an application must be made in writing as soon as possible after a crime of violence causing injury, including fatal injury, but in all cases not later than 3 months from the date of the event giving rise to the injury.
Contact the Criminal Injuries Compensation Tribunal by phone. You will be advised by the Secretary of the Tribunal to request a Tribunal application form via email. This application must be completed and returned to the tribunal within three months
NO, supporting documentation may take longer than 3 months to obtain. Complete as much of the application form as possible and return the form to the Criminal Injuries Compensation Tribunal. It is vital that your application is received by the Criminal Injuries Compensation Tribunal not later than 3 months from the date of the event giving rise to the injury.
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. However, the Tribunal has discretion to admit a late application “in circumstances determined by the Tribunal to justify exceptional treatment”.
Yes. As per the Director of Staff and Corporate Services instruction dated 13th September 2016 regarding Occupational Injury or Disease (OID) advised that allowances and additional hours payments will not be suspended pending a decision of an OID application. It is important that Staff are aware that should their absence subsequently be deemed not to qualify as an IOD absence, any such allowances or monies which were overpaid will be recouped as per Circular 07/2018 – Recovery of Salary, Allowances, and Expenses Overpayment s made to Staff Members /Former Staff Members /Pensioners.
Criminal Injuries Compensation Tribunal
7-11 Montague Court
Tel: (01) 476 8670
Fax: (01) 476 8616
Occupational Injury or Disease – Checklist
- Report incident to Governor and / or Gardai.
- Ensure prisoner(s) are put on report (P19).
- Seek medical treatment for injuries from G.P. and / or Hospital on day of injury.
- Fill out NIRF (National Incident Report Form) immediately if possible or on return to work.
- Submit email to HR Governor requesting to have your injury recognised as an injury on duty and that your allowances and annualised hours continue to be paid pending the decision on the OID.
- Contact Criminal Injuries Tribunal via email reporting the incident and request a criminal injuries application form.
- Criminal injuries application form must be completed and returned to the Criminal Injuries Tribunal within three months of injury.
- Obtain copies of witness statements.
- Obtain copy of P.19(s).
- Obtain medical reports from G.P and/or Hospital.
- Submit medical reports to Criminal Injuries Tribunal.