Peter was attacked in Leeds city centre as he made his way home from work. He was beaten to the floor and kicked repeatedly. He was not able to identify his attackers.
He suffered several injuries including a fractured skull, dislocated jaw, a lost front tooth and he lost his sense of smell. He was unable to work for 40 weeks but has now returned to his job as a shop assistant.
His salary that he should have received during the period he was unable to work was £250 per week, but he only received statutory sick pay during this period of £75.40 per week.
Tariff for injuries
The CICA has a tariff for injuries, determining how much compensation should be received depending on the level of injury. In Peter’s case, the tariff amounts are as follows:
Fractured skull = £6,600 (level 11)
Dislocated Jaw = £5,500 (level 10)
Loss of front tooth = £1,750 (level 4)
Total loss of smell = £11,000 (level 13)
In all CICA claims, only the three most serious injuries can be compensated for. Therefore, for his most serious injury, Peter received 100% of the compensation on the tariff, 30% for the second most serious injury and 15% for the third most serious.
100% of £11,000 = Loss of smell £11,000
30% of £6,600 = Fractured skull £1,980
15% of £5,500 = Dislocated Jaw £825
Loss of earnings
Through the CICA, claims can be made for lost earnings, however this only applies to time off over 28 weeks. For the first 28 weeks of time off, a claimant will not receive any compensation for loss of earnings.
In the case of Peter, who had 40 weeks off work, there are 12 weeks which can be compensated for. As his normal salary each week was £250, this is calculated as £3,000 in total for 12 weeks.
However, he received statutory sick pay at £75.40 a week for 12 weeks, totalling £904.80. This amount is deducted from the £3,000 figure, meaning Peter is eligible for £2,095.20 in compensation for loss of earnings.
When adding the loss of earnings compensation to the injuries compensation, Peter’s total amount of compensation from the CICA is £15,900.20.