Criminal Injuries Compensation Claims

Criminal Injury Compensation Claims Perth

If you have recently sustained injury as a victim of a crime or a close relative was killed as a result of a criminal offence,  you may be eligible for compensation from the WA Government’s Criminal Injuries Compensation Scheme.

The Criminal Injuries Compensation Act provides monetary compensation if you suffer bodily injury, mental harm, a nervous shock, or pregnancy. It is important that you see your general practitioner immediately if you have been injured to discuss the injuries and their effects on your mental and physical health.

Compensation may be sought for an incident reported to the police whether a person has been charged, identified or convicted of the offence.

It is important to be aware that in most circumstances, there is a three-year time limit from the date of the offence on making a compensation claim. Once the three years time limit has passed, you may no longer be eligible for compensation. Exceptions apply if you or a family member was a victim of sexual harassment or abuse. Generally, a victim of sexual abuse or harassment may claim at any time subject to the Criminal Injuries Compensation Department and the Civil Liability Act 2002 (WA).

If the offender is charged with the offence and awaiting trial, you must wait until the trial has been finalised to lodge your claim. During this time, Templar Legal can built detailed submissions as to your damages and provide detailed legal advice in relation to compensation.  In some circumstances, you may proceed with a claim immediately. Contact us on (08) 9388 6639 to discuss.

For more information, contact our office now for obligation-free advice on your eligibility to pursue a Criminal Injuries Compensation Claim.


See our FAQ below for more information.

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Frequently Asked Questions

Before accepting the offer, please contact our offices and seek advice in relation to your rights and options for settlement. You might be pleasantly surprised as to how inexpensive it can be to improve your "in the pocket" outcomes.

Yes. The time limits vary depending on the situation. In most cases, legal proceedings must be commenced within 3 years to preserve the claim. However even a minor delay can affect the quality of the evidence and thus we suggest that you take advice promptly.

Early advice about your entitlements, and the types of evidence required to �prove� your claim can have a substantial impact on the speed and amount of any settlement. It is best to negotiate your claim when your injuries have sufficiently settled so a long-term prognosis can be given.

Finalising your claim prematurely may not fully compensate you for any long-term effects of the injuries or the possible loss of future income. On average claims, are finalised fourteen to thirty months following the date of injury.

The following will be considered in your claim:

  • Regular contact with your doctor. The compensation that you will ultimately receive will largely depend on the quality of the medical evidence contained in the medical reports from your treating doctors and specialists. It is therefore important that when you visit your doctor or specialist you carefully outline the effect that the injuries and symptoms are having on your social, domestic, sporting, vocational, recreational and sexual activities. It is also important that you describe with precision what your injuries and symptoms are.
  • Pain and Suffering
  • Loss of Enjoyment of Life and Loss of Amenities of Life
  • Effect on Employment (Economic Loss). If the injuries have resulted in you losing income or have diminished your capacity for gainful employment, you can claim compensation for this. It is very important you keep accurate, detailed records of any lost income.
  • Voluntary Assistance (Gratuitous Services). The injuries you have suffered may require others to do the housework that you ordinarily did or family members to assist you to get to and from medical and other appointments. If so, you may be entitled to claim a reasonable sum to reimburse those people who have helped you or cared for you. Travel Expenses: You are entitled to claim up to approximately 50c/km for every kilometre you travel in obtaining medical treatment for your accident related injuries. It is important you keep a diary or logbook of your travel so you can seek reimbursement. If you take public transport keep receipts so a reimbursement of these travel expenses can be sought.
  • It is imperative you keep accurate, detailed records throughout the duration of your claim.

Templar Legal's fees for personal injury matters are typically deferred until the conclusion of your claim. In most cases, if we are unable to get compensation for your injuries, there will be no legal fees charged.

Note that upon the finalisation of your claim the Insurance Commission of WA or negligent party will usually contribute a substantial portion of your legal costs. Detailed estimates of our fees would be given in your initial interview and as the matter progresses.

If your injury was caused by the negligence of another person and the Insurance Commission of WA, or another insurer has admitted liability on the part of that person, it will pay in full all of your necessary medical expenses.

When the Insurance Commission of WA, or other insurer, provides you with a reference number you should quote that reference or claim number to all of your health providers with instructions that they forward their account directly to the insured for payment.

Theoretically, none of your treatment including pharmaceutical purchases should be billed to Medicare if liability is admitted. If for any reason some of your treatment relating to injuries you received in the motor vehicle accident has been billed to Medicare, Medicare has the right to recover that amount from you.

Fortunately, most insurers will usually reimburse you for what you have to pay to Medicare.

If your compensation includes a component for economic loss (lost income) whether past or future and you have been in receipt of any Centrelink payments since the date of the injury, you may have to make a reimbursement to Centrelink. The amount that you will have to reimburse to Centrelink will depend upon the component for economic loss contained in your compensation.

Any reimbursement you are to make to Centrelink must be deducted by the Insurer and sent directly to Centrelink prior to you receiving your compensation.

At the time of finalisation of your claim we will provide you with an estimate of how much will need to be reimbursed to Centrelink.

Contact us today to book an appointment.