CICA definition ambiguity

Bluenunn_in_the_north

Hello Folks,

I hope this may be an appropriate sub forum!

Essentially I have a CICA claim after an assault. They've made an offer but I'm a little unclear on the definition l/scope of one of the tariffs. Basically I had 4 facial fractures. Two in the nose, one in the eye socket and one on the cheek bone.

Apparently they discount nasal fractures. They've awarded me for the single eye socket blow out.

However, there's another category of 'multiple facial fractures' which is a higher award. The language is just that, and one example.

I'm wondering whether it's worth a review, as they can increase, reduce or withdraw the award, as it may be risky.

Clearly I have had 2 qualifying facial fractures, technically, but don't know what to do. There's a fair bit of grey zone in their definitions I think.

Any input would be most appreciated.

Cheers..

marcia_

Bluenunn_in_the_north said:

Hello Folks,

I hope this may be an appropriate sub forum!

Essentially I have a CICA claim after an assault. They've made an offer but I'm a little unclear on the definition l/scope of one of the tariffs. Basically I had 4 facial fractures. Two in the nose, one in the eye socket and one on the cheek bone.

Apparently they discount nasal fractures. They've awarded me for the single eye socket blow out.

However, there's another category of 'multiple facial fractures' which is a higher award. The language is just that, and one example.

I'm wondering whether it's worth a review, as they can increase, reduce or withdraw the award, as it may be risky.

Clearly I have had 2 qualifying facial fractures, technically, but don't know what to do. There's a fair bit of grey zone in their definitions I think.

Any input would be most appreciated.

Cheers..

 Appeal, though be aware the wait for their reviewed decision will take a very long time. I appealed on the basis that my condition is not temporary but life long. I have been waiting 18 months and still no review decision. 

GingerTim

You might receive more advice at https://www.reddit.com/r/LegalAdviceUK

Bluenunn_in_the_north

marcia_ said:

Bluenunn_in_the_north said:

Hello Folks,

I hope this may be an appropriate sub forum!

Essentially I have a CICA claim after an assault. They've made an offer but I'm a little unclear on the definition l/scope of one of the tariffs. Basically I had 4 facial fractures. Two in the nose, one in the eye socket and one on the cheek bone.

Apparently they discount nasal fractures. They've awarded me for the single eye socket blow out.

However, there's another category of 'multiple facial fractures' which is a higher award. The language is just that, and one example.

I'm wondering whether it's worth a review, as they can increase, reduce or withdraw the award, as it may be risky.

Clearly I have had 2 qualifying facial fractures, technically, but don't know what to do. There's a fair bit of grey zone in their definitions I think.

Any input would be most appreciated.

Cheers..

 Appeal, though be aware the wait for their reviewed decision will take a very long time. I appealed on the basis that my condition is not temporary but life long. I have been waiting 18 months and still no review decision. 

Thanks. I'm getting the feeling I may be on a wild goose chase here and may just ask for clarification of the definition, not a formal appeal. I've waited a year already!

Bluenunn_in_the_north

GingerTim said:

You might receive more advice at https://www.reddit.com/r/LegalAdviceUK

Thanks for the kind suggestion.

marcia_

Bluenunn_in_the_north said:

marcia_ said:

Bluenunn_in_the_north said:

Hello Folks,

I hope this may be an appropriate sub forum!

Essentially I have a CICA claim after an assault. They've made an offer but I'm a little unclear on the definition l/scope of one of the tariffs. Basically I had 4 facial fractures. Two in the nose, one in the eye socket and one on the cheek bone.

Apparently they discount nasal fractures. They've awarded me for the single eye socket blow out.

However, there's another category of 'multiple facial fractures' which is a higher award. The language is just that, and one example.

I'm wondering whether it's worth a review, as they can increase, reduce or withdraw the award, as it may be risky.

Clearly I have had 2 qualifying facial fractures, technically, but don't know what to do. There's a fair bit of grey zone in their definitions I think.

Any input would be most appreciated.

Cheers..

 Appeal, though be aware the wait for their reviewed decision will take a very long time. I appealed on the basis that my condition is not temporary but life long. I have been waiting 18 months and still no review decision. 

Thanks. I'm getting the feeling I may be on a wild goose chase here and may just ask for clarification of the definition, not a formal appeal. I've waited a year already!

 You can try but they don't usually offer advice of any kind and as you will find out they don't accept phone calls about your case. 

 If you have medical evidence of multiple injuries and their tariff table says you should get a higher award appeal. I made my initial application January 22 do its not a quick process. 

mjm3346

They say multiple fractures of the face - e.g. Le Fort fractures types 2 & 3

Type 3 is almost a detached face while 2 is not as bad but is much worse than "just" the other facial fractures they list.

Even if your fractures required an operation the awards are still nothing like the Le Fort award (and that's not taking the 100/30/15 payments into account).

Bluenunn_in_the_north

mjm3346 said:

They say multiple fractures of the face - e.g. Le Fort fractures types 2 & 3

Type 3 is almost a detached face while 2 is not as bad but is much worse than "just" the other facial fractures they list.

Even if your fractures required an operation the awards are still nothing like the Le Fort award (and that's not taking the 100/30/15 payments into account).

Yes, I noticed that. But the language parameters are wolly tbh

mjm3346

From what you have said I think there is no chance of the multiple fractures award - but that doesn't mean the offer is correct - sometimes Victim support can give advice (free).

Bluenunn_in_the_north

mjm3346 said:

From what you have said I think there is no chance of the multiple fractures award - but that doesn't mean the offer is correct - sometimes Victim support can give advice (free).

You may be right, that was my impression, but if there's no harm in trying it may be worth a shot. Definitely ambiguous definition.Thanks for VS suggestion

marcia_

Bluenunn_in_the_north said:

mjm3346 said:

From what you have said I think there is no chance of the multiple fractures award - but that doesn't mean the offer is correct - sometimes Victim support can give advice (free).

You may be right, that was my impression, but if there's no harm in trying it may be worth a shot. Definitely ambiguous definition.Thanks for VS suggestion

 One more thing. On my award they missed off loss of earnings. If you took time off work due to your injuries you are entitled to that too.