Step-by-Step Guide to Filing a Criminal Injury Compensation Claim

Victims of crime in Perth face a challenging route to recovery with all the emotional trauma and financial burdens. If you are thinking about getting compensation for your loss under the State government’s criminal injuries compensation scheme, then a crucial step is understanding the compensation process.

We bring you this blog to guide you through what to expect from the initial application to the final result. Apart from this, we will see how victims of crime compensation lawyer Perth can help you. So join us as we learn more about it.

Areas under which you can claim the compensation

The criminal injuries compensation claim can be made by the victims of crime under certain cases.

You may be eligible for such claims under the Criminal Injuries Compensation Act 2003 if you are:

• A victim of an incident where you have been injured or faced financial losses due to injury.
• A close relative of a person who has been killed in Western Australia due to injury from an offence.

The government provides compensation for any type of injury, including bodily harm, mental shock, pain and suffering and more. If you have been thinking about claiming such compensation, then it is important that you seek the advice of criminal injuries compensation lawyers Perth.

Apart from these, compensation is also available for:

• Loss of earnings.
• Medical expenses the victim has incurred or will incur.
• Other expenses include damage to personal items and medical treatment expenses.

Factors affecting the eligibility of your compensation

The eligibility of your crime compensation claim WA may be affected if:

• If you have not reported the offence to the police within a reasonable time. However, if the victim can demonstrate the cause of the delay, then it may be considered.
• If you have failed to assist the police in their investigation of the arrest or prosecution of the accused.
• If you have already claimed for your injury from other sources. For example, if you have received compensation for your injuries from a third party, if your medical expenses have been covered by Medicare, or if you have recovered your loss of income from workers’ compensation.
• If you have been injured due to an automotive crash.
• If you are not the primary victim of the incident.

However, the compensation can be:

• Reduced or refused if the judiciary body considers that your behaviour has contributed to your injury.
• Refused if you were found to be committing an offence during the time when you received the injury.

If you are facing such issues, then workers comp lawyers Perth can assist you.

What losses can I claim?

Section 6 of the Criminal Injuries Compensation Act 2003 provides a comprehensive definition of loss. It includes damages to personal items, medical expenses, loss of earnings, travel expenses incurred to get medical treatment, report expenses, future treatment expenses and even funeral expenses.

To claim the expenses of damaged personal items, you need to quote or provide a receipt of the damaged article. In case of medical treatment expenses, the victim needs to provide the receipt and documentation. For loss of earnings, they have to demonstrate their future incapacity to work or show their loss of scope of employment.

To incur the travel expenses for attending medical appointments, they must supply medical invoices to support the dates of their treatment. To prove the clauses mentioned above, you can contact criminal compensation lawyers, Perth.

How is such compensation assessed?

These compensations are assessed at the Office of Criminal Injuries Compensation by a Chief Assessor along with their qualified team. They will refer to the records from the police, hospitals, government agencies, etc., and thoroughly investigate the whole incident.

Once the assessment is complete, the assessor will approve whether the claim is compensable or not. The victim or the offender can challenge the assessor within 21 days of the decision. If you are thinking of challenging the assessor, it is important that you take the help of Workers’ Compensation Lawyers Perth WA.

Bottom line

If you have decided to claim your compensation, then you must claim it within three years of the incident. To assist you with the legalities, Workers Compensation Lawyers will rigorously work by your side in these difficult situations. So contact them today to evaluate your case’s liability.