What is criminal injuries compensation?

If you are a victim of crime and have sustained an injury as a result, you may be entitled to criminal injuries compensation. Regardless of whether or not a person has been identified, charged or convicted of the offence you can request for compensation under the Criminal Injuries Compensation Act.

The Act is an endeavour by the WA Government to protect the rights of victims and provide compensation for their injuries whether they be physical or psychological.

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Do I have a case?

The Criminal Injuries Compensation Act is designed to provide compensation if you suffer bodily or mental harm, nervous shock or pregnancy, resulting from an offence.

Early investigation and information gathering is critical to the success of your claim. The quality of the evidence may affect the compensation amount. However, your highest priority should be to maximise the extent of your physical and psychological recovery.

You may be able to claim for criminal injuries compensation if you are: 

• The victim of an offence and are physically or mentally injured
• The victim of an offence and experience financial loss as a result of an injury
• A close relative of a person killed as a result of an offence, eg a spouse, defacto, parent, grandparent, step-parent, child, step-child, or grandchild, and experience financial loss as a result of that offence

Common Law Claim

Alternatively, you may have a common law claim, which includes issues like:

• negligence
• duty of care
• battery (physical violence)

Your criminal injuries compensation lawyer will be able to provide legal support and advice on your injury, assess your eligibility for criminal injuries compensation, a common law claim and the criminal injuries compensation benefits available to you.

Criminal Injuries Compensation Time Limits

Time limits apply for making a criminal injuries compensation claim. Under Western Australian Law, there is a 3 year time limit on making a claim for criminal injuries compensation.

It is possible for a claim to be brought outside the prescribed time limit, such as childhood sexual crime, however it is important that you obtain legal advice from your criminal injuries compensation lawyer as soon as possible to safeguard your interests in relation to the common law and criminal injuries compensation time limits.

Are you eligible to receive Total and Permanent Disability (TPD) Insurance Compensation?

If you have suffered an injury or illness and are unable to work anymore, you may be entitled to a range of insurance benefits through your superannuation fund or private life insurance policies.

Disability Insurance is commonly provided through your superannuation fund. It can also be provided through your personal life insurance policy, employer sickness and accident insurance, and even mortgage and credit card insurance.

You can make a claim for disability insurance if you become sick or have been injured and you are unable to work, regardless of who was at fault for your injury or illness. Even if you are receiving benefits from CentreLink, WorkCover or some other organisation, or have a separate claim with a lawyer in regards to your injury or illness, you can still make a new claim for disability insurance.

Read more about disability insurance and superannuation claims.

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Criminal Injuries Compensation Amounts Explained

Under the Criminal Injuries Compensation Act, it is possible to obtain compensation for:

• pain and suffering
• loss of enjoyment of life
• loss of income
• current and future medical expenses
• other incidental expenses e.g. travel and loss of clothing

Where a death has occurred, a close relative can apply for funeral expenses and loss of financial support.

The amount you receive will depend on the extent of your injuries and the losses you have suffered. However, your application should be made once you have reached an acceptable stage of recovery from your injuries.

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The Shine Lawyers Service

Shine Lawyers are No Win, No Fee Lawyers

Shine Lawyers will only charge fees for criminal injuries compensation claims if the outcome is successful. In other words, we are a no win, no fee lawyer. This means that despite financial circumstances, everyone has access to justice and legal representation. 

Personal Injury Lawyers for Perth & WA

Initial consultation is obligation free

Shine Lawyers offer an initial consultation that is obligation free with one of our criminal injuries compensation lawyers. This is to provide private legal advice on your individual criminal injuries compensation claim, including the likely progress and some of the difficulties that can emerge. 

Home appointments

Shine Lawyers are able to visit you in your home, the hospital or at a place convenient for you to discuss your legal issue.  

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