Every time I turn on the news it seems like there is another report of violence, assault or domestic violence. It is hard to ignore that these incidents are happening and seem to be becoming more frequent. As a solicitor that practices in the personal injury space, I think that it is important that victims are aware of their ability to claim compensation. While it’s not going to erase what happened, compensation can assist victims to receive the counselling and other support they may need in order to help them recover.

There is a civil claim available in NSW known as an intentional tort that could be pursued by a victim of assault, battery, false imprisonment or intimidation. It is an option that should certainly be considered where an offender potentially has assets of value. However, often the perpetrators of these crimes are not wealthy individuals so unfortunately there is usually not much scope for a compensation claim by a victim directly against the offender in those circumstances.

If the violence occurred at a workplace in NSW such as a robbery, or an assault by a client or another employee of the business, an employee has the option to claim workers compensation for any physical or psychological injuries sustained including weekly wage benefits, treatment expenses and a lump sum payment for any permanent impairment sustained provided the requirements of the legislation are met.

There is also a National Redress Scheme set up by the government specifically for victims of institutional sexual abuse. There are counselling and redress payments for victims and many organisations offering support specific to this scheme.

But what about all the victims subjected to violence not covered by these schemes and where the perpetrator is a person of limited means?

In NSW there is a service to provide assistance to victims of crime known as Victims Services. The Victims Support Scheme offers counselling, financial assistance and in some cases, payment of a lump sum recognition payment, to victims of an act of violence in NSW. The legislation specifically provides that this includes victims of sexual assault or domestic violence.  Support is available for a person injured as a result of violence including a primary victim injured directly, a secondary victim such as a witness, a parent/guardian caring for an injured child, an immediate family member of a homicide victim, or a relative of a homicide victim who has been affected directly by their death. There are time limits that apply, so applications should be lodged as soon as possible after the violence has occurred. For assistance with the application process, contact Victims Services on 1800 633 063.

Being a victim of violence would be a horrific experience for anyone, hopefully it never happens to you or anyone that you know. But if you ever find yourself in that situation, I encourage you to seek legal advice about options for compensation and support.   KC Hilton, WNB Legal