If you have been the victim of Actual Bodily Harm (ABH) you could be eligible to make an ABH compensation claim. Claims for criminal injuries may be made through the Criminal Injuries Compensation Authority (CICA). This is a government body that can compensate those who have been injured in a crime of violence.
In our guide, we look at when you could be eligible to claim criminal injuries compensation and how long you have to begin a claim. We also look at the evidence you need to support a claim and how the CICA awards compensation for successful claims. Finally, we look at how a specialist No Win No Fee solicitor could help you.
If you have been the victim of a violent crime and would like to know about the assault compensation claims process, you can contact our advisors. They can also offer you free advice for your case:
- Call a member of our team on 0333 000 0729
- Make an online enquiry and request a call back,
- Reach out to us via our live chat feature.
Browse Our Guide
- Can I Claim ABH Compensation?
- How Long Do I Have To Claim ABH Compensation?
- What Do I Need To Make An ABH Compensation Claim?
- How Much Criminal Injury Compensation Could I Receive?
- Can I Make An ABH Compensation Claim Using A No Win No Fee Solicitor?
- More Resources About Claiming For Criminal Injuries
Can I Claim ABH Compensation?
If you have suffered criminal injuries, you could make an ABH compensation claim directly against the perpetrator. However, to do this you must know who they are and that they have the means to compensate you.
If this is not an option, you could instead make your assault compensation claim through the Criminal Injuries Compensation Authority (CICA). The CICA administer the Criminal Injuries Compensation Scheme 2012 to evaluate the eligibility of claims and value injuries by referring to the fixed compensation amounts within the tariff.
In order to make ABH or assault compensation claims through the CICA, you must meet the eligibility criteria.
- You must have suffered your injuries in a crime of violence. Within the CICA Scheme are examples of this, such as sexual abuse, arson and assault.
- The ABH must have occurred in England, Scotland or Wales (or other relevant place).
- The ABH must have been reported to the police.
Can I Make An ABH Claim Against My Employer?
If you have been assaulted while at work, you may be eligible to claim against your employer for your injuries if they are deemed as being vicariously liable.
The Health and Safety at Work etc. Act 1974 states that your employer owes you a duty of care whilst you are in the workplace to ensure your health, safety and welfare.
If your employer was aware that you were being threatened in the workplace by a colleague, for example, and they did not take the necessary steps to ensure your safety, resulting in you being assaulted by said colleague, your employer could be deemed as vicariously liable for your injuries.
Contact our advisors today to see whether you could be eligible to make a criminal assault claim through the CICA or against a vicariously liable party.
How Long Do I Have To Claim ABH Compensation?
When making an ABH compensation claim through the CICA, you will have two years from the date the incident occurred to start the claiming process. If exceptional circumstances prevented you from starting your claim within this time, exceptions could be made. However, the CICA assess these exceptions on a case-by-case basis.
For those criminally injured while under the age of 18, the time limits are as follows:
- The incident was reported to the police: From your 18th birthday, you will have two years to claim.
- The incident wasn’t reported to the police: You will have two years from the date you make this report. You will also need to show that exceptional circumstances prevented you from making this report sooner, e.g. examples of historic abuse.
To see whether you are still within the time limit to claim through the CICA, you can contact our advisors.
What Do I Need To Make An ABH Compensation Claim?
In order to make a claim through the CICA for ABH compensation, you will need to be able to provide them with the following evidence:
- Medical evidence of the injuries you are claiming for.
- The police reference number you were provided when you reported the crime.
- Evidence that you meet the residency requirements.
Any additional information the CICA may need, they can liaise with the police for this.
Contact our friendly advisors for any questions you may have about claiming for a mental or physical injury through the CICA.
How Much Criminal Injury Compensation Could I Receive?
If you are eligible to claim through the CICA, you may be wondering how much compensation for ABH you could be owed.
The injuries you have suffered will be valued in line with the fixed tariff set out within the CICA Scheme. This means you will receive the exact amount listed for your injuries.
Under the multiple injuries formula, you could also receive compensation for up to three injuries. How much you will be awarded will be as follows:
- Highest-valued injury: 100% of the tariff amount.
- Second-highest: 30% of the tariff amount.
- Third-highest: 15 % of the tariff amount.
In the table below, we have listed examples of CICA payouts by using some of the tariff amounts featured within the Scheme to give you a clearer idea of how much compensation you could potentially receive for certain injuries. Please be aware that the first entry has not been taken from this tariff.
Compensation For ABH Victims
| Injury | Notes | Compensation |
|---|---|---|
| Multiple serious injuries with loss of earnings and special expenses. | Compensation for suffering multiple injuries serious in nature, a loss of earnings and special expenses. | Up to £500,000 |
| Mental injury | A permanent mental injury that is seriously disabling as confirmed by a diagnosis. | £27,000 |
| Ankle | Both ankles have been dislocated or fractures resulting in a continuing significant disability. | £16,500 |
| Eye | Permanent blurred or double vision that is serious. | £13,500 |
| Fracture of the orbital bone cavity requiring surgery. | £2,400 | |
| Face | Multiple facial fractures. | £11,000 |
| Dislocated jaw causing a continuing significant disability. | £3,500 | |
| Radius (forearm bone) | Both arms have been fractured resulting in a continuing significant disability. | £11,000 |
| Tibia (shin bone) | A fracture affecting one leg but a substantial recovery is made. | £1,800 |
Could I Claim Special Expenses?
Additionally, you could also receive special expenses as part of your ABH compensation claim. Some of the things you could receive under special expenses include:
- Physical aids that were damaged in the incident, such as your glasses.
- Equipment to cope with your injuries, such as a wheelchair.
- Adaptations to your home, such as installing a ramp.
These special expenses must not be available to receive for free anywhere else. They must also be directly resulting from your injury as well as being reasonable and necessary.
If you can meet specific eligibility requirements, you could also be eligible to receive compensation for a loss of earnings.
To learn more about how compensation is calculated in CICA claims, you can contact our advisors.
Can I Make An ABH Compensation Claim Using A No Win No Fee Solicitor?
A No Win No Fee solicitor from our panel could help you with making an ABH compensation claim through the CICA. By providing their services to you under a Conditional Fee Agreement (CFA), some of the benefits you could experience from include:
- You do not have to make any payments for the solicitor’s services to start the claims process.
- You will not need to pay for the solicitor’s services during the claims process.
- If your claim is not successful, you will not have to make any payments for your solicitor’s services.
- If you are awarded compensation, your solicitor will deduct a success fee. This fee is a legally capped percentage of your compensation.
To see if one of the expereinced solicitors on our panel could assist you with your claim, you can contact our advisory team:
- You can make an online enquiry to our team.
- Use our online chat to talk to us.
- Speak to a member of our team by calling 0333 000 0729
More Resources About Claiming For Criminal Injuries
Additional criminal injury claims guides by us:
- If a loved one has been the victim of murder, find out how to claim compensation in this guide.
- Guidance on claiming GBH compensation through the CICA.
- Learn whether you could claim for sexual abuse that was not reported to the police within this guide.
Some external resources:
- Find out how to get support as the victim of a crime in this government guide.
- This Crown Prosecution Service resource looks at treatment of victims and witnesses.
- Learn when you should call 999 with this NHS resource.
If you have any further questions about making an ABH compensation claim through the CICA, you can contact our advisors.
