Victims of Crime
If you have been physically or psychologically harmed by a violent crime you may be able to claim compensation. Crimes such as assault, aggravated burglary and abuse can impact a person and their ability to continue with daily life so claiming compensation can be an option.
If you have been a victim of a crime, DBH understands that you have experienced a traumatic situation that has greatly impacted your life. DBH will assist you in a respectful and empathetic manner. You can trust that you are in safe hands when discussing a claim for compensation.
Unfortunately, victims of crimes often sustain losses as a result of crimes committed against them. Personal injuries compensation is available for victims through the Victims of Crime Fund, established by the State Government of South Australia. There is a cap on the amount of compensation available, currently set at $100,000.
Our lawyers at DBH are experienced in a range of personal injury claims and are familiar with the processes and law involved in making a Victims of Crime claim.
There are also situations where someone is injured as a result of a criminal offence while they are working. In those situations, the injured person may have a workers’ compensation claim or a Victims of Crime claim, or both.
Who can claim compensation as a Victim of Crime?
You may be eligible to make a claim for compensation through the Victims of Crime Fund if you have sustained a physical or psychological injury as the result of a criminal offence that was:
- a violent crime
- domestic/family abuse
- sexual abuse
You may be able to claim compensation for pain and suffering, economic loss and the cost of medical treatment.
The claim process involves DBH lawyers obtaining your instructions (about the crime committed against you, your injury and treatment you have received for the injury), collecting medical evidence and setting out the losses you have sustained in an Application to the Fund.
Making a Victims of Crime claim
This area is complex and an injured person must exhaust all avenues for claiming other compensation, including workers’ compensation, before attempting to make a Victims of Crime claim.
If you are unsure about whether you have a workers’ compensation claim or a Victims of Crime claim, you may want to obtain legal advice. Lawyers at Duncan Basheer Hannon can provide you with advice about any claim you may have in this area.
Workers’ Compensation Claim or a Victims of Crime claim?
Usually, if someone is injured at work as a result of a criminal act, they have the option of pursuing a workers’ compensation claim.
Depending on the way a criminal offence is committed, an injury sustained due to the commission of the crime may be in connection with the injured person’s employment.
For instance, someone working a night shift at a 24 hour petrol station, injured while the petrol station is robbed, is likely to satisfy the connection with an employment test; they were injured because of where their employment put them, as there is inherent risk of robbery involved in working the night shift at a petrol station.
However, a worker sustaining injury when assaulted by someone that has randomly entered their office building, may not be able to make a Workers’ Compensation claim.
The crucial question is whether the criminal offence causing the injury is connected to the injured person’s employment. If the ‘in the course of employment’ criteria is not satisfied then the injured may have a Victims of Crime claim.