CICA rule on loss of earnings
What is the CICA
The CICA is a government organisation that pays compensation to victims of crime. Their rules on loss of earnings are complicated.
Are loss of earnings available under the CICA scheme 2012?
It is possible to claim for loss of earnings under the CICA scheme 2012, but what can be claimed is significantly limited. You cannot claim any loss of earnings for the first 28 weeks (by which time most people will have returned to work). If you are unable to work after 28 weeks, the CICA will consider a claim, but only for the weeks beyond the first 28 weeks.
Can I claim loss of earnings if I can’t do my job?
Unlike personal injury claims e.g. where due to a car accident you are unable to work for a few weeks, and then maybe go back to work on light duties, the CICA scheme is very different. Not only do you have to be unable to work for 28 weeks, you have to be unable to do any work, not just your current work. So if you work off shore on an oil rig, and are deemed by your doctor not to be safe working off shore, the CICA will simply say, but you could have got a job not requiring you to be off shore, so you have no loss of earnings.
When am I likely to be able to have a successful loss of earnings claim?
Only where either your physical injuries or your mental injuries are so significant that medical evidence shows you are not able to work for a very long period of time. Usually claims that are made under the scheme have significant loss of earnings, backdated to the incident (save the first 28 weeks), plus future losses.
Do I need a CICA solicitor?
A CICA solicitor will be able to guide you through the complex rules of the CICA scheme 2012. They will usually have a free no obligation chat to see if you are eligble.