Significant five figure award for Detention Officer who suffered neck injury whilst at work
Mr C was employed as a Detention Officer. Whilst dealing with an incident at work he was assaulted by a detainee, and suffered a long term neck injury.
As a result of this injury Mr C was off work for approximately 6 months, and was then unable to undertake overtime for approximately 3 years.
Mc C applied for compensation to the Criminal Injuries Compensation Authority (CICA). Initially, Mr C was refused any compensation on the basis he had not reported the matter to the Police as soon as possible.
Levenes appealed to the First-tier Tribunal (CICA) on Mr C’s behalf.
At a preliminary hearing the Tribunal accepted that Mr C had reported the matter to his Employer, who’s own policy stipulated that they would then report the matter to the Police. The Tribunal concluded that Mr C had fully co-operated and that he should receive an award of compensation.
A further hearing was then necessary to determine the level of Mr C’s award. At that hearing the Tribunal accepted the argument advanced by Kevin McManamon, on Mr C’s behalf, that whilst he had received full pay during his absence from work he nonetheless should be compensated for his loss of overtime during that period. The Tribunal also agreed that he should be compensated for the loss of overtime upon his return to work until he could undertake such overtime again.
The Tribunal made awards for various medication and equipment that Mr C had purchased. It again, accepted Mr McManamon’s argument that in the circumstances it was appropriate and reasonable to compensate Mr C for his Gym membership, at an exclusive Gym, due to the relief this gave him through the use of a Jacuzzi and steam room. Mr McManamon had submitted that this fell within the CICA’s scheme as it amounted to private medical treatment as Mr C undertook exercises in the Jacuzzi and steam room that his doctor had prescribed.
Finally, the Tribunal accepted the valuation put forward by Mr McManamon in regards to Mr C’s injury.
Mr C was awarded a significant five figure sum of compensation.
Asif Mangera had day to day contact of this case and Kevin McManamon represented Mr C at the Tribunal.
"...Thank you very much for your hard work, full professionalism in dealing with my case and settling my case. It would not be possible without the involvement and the help you have given me..."L D