The short answer is yes. However, in order for your criminal compensation claim to be assessed you must be able to satisfy the Criminal Injuries Compensation Assessor of certain things. The first is that a criminal offence or assault was committed. This does not necessarily mean that someone has to have been charged and convicted, however in those circumstances the Assessor will be easily satisfied that an offence occurred.

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Can I Claim Compensation If I Have
Been Hurt in an Assault or as a Result
of a Criminal Offence?

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The short answer is
yes. However, in order
for your criminal
compensation claim to
be assessed you must
be able to satisfy the
Criminal Injuries
Compensation
Assessor of certain
things.

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The first is that a criminal
offence or assault was
committed. This does not
necessarily mean that
someone has to have
been charged and
convicted,

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However in those
circumstances the
Assessor will be easily
satisfied that an offence
occurred. You may still
be successful in your
claim even if no one
was charged with an
offence.

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However, you must have
reported the offence to
the Police and assisted
with the investigation.
You will have to attach a
copy of the statement
that you made to the
Police to the application.

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The second, is that you
suffered injury. You
must be able to
provide medical
evidence to identify the
injury that you have
suffered.

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.
Remember ‘injury’
encompasses physical
and psychological injury
(or mental harm). You will
also have to prepare a
victim impact statement
identifying, in your own
words, how the injury has
affected you and your life.

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Following the assault or
offence, you should attend
at a hospital or upon your
doctor to be assessed and
have the required
treatment. Any award of
damages for the injury is
known as an award for
General Damages.

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Thirdly, if you have suffered
any loss or other damage
as a result of the injury, you
need to provide other
documentary evidence to
substantiate that loss.

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These types of loss include
lost wages, out of pocket
medical expenses,
travelling expenses and
loss or damage to items of
personal apparel. To be
successful in claiming
these item you must
provide documentary proof.

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For example, if you had to
take unpaid leave from work
you should provide a letter
from your employer
confirming the dates you had
off work, the reason you took
the time off and the amount of
net wages you lost as a
result.

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Also, you should keep
all of the invoices and
receipts for other out of
pocket medical and
travelling expenses to
submit with the
application.

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Other things to consider
are the time limitations for
bringing the application,
which is 3 years from the
date of the offence,
however the Assessor
may grant an extension in
certain circumstances.

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You may also be entitled
to criminal compensation
if you witnessed the
aftermath of an assault,
however only certain
people may do so*.
* The information in this slide is based on laws/advice in Western Australia