15 November 2023
The Police Federation of England and Wales (PFEW) has assisted a member to successfully claim more than £10,000 in damages from their force for an injury sustained on duty.
In this claim to CICA, the member had sustained injuries while responding to public disturbance at a pub, where football supporters surrounded a team of responding officers.
Despite it being unclear if the member had fallen or was pushed, the weight of the crowd was the determining cause of the member falling and sustaining injuries.
Initially the application was rejected with the CICA finding the member had not been a victim of a crime of violence. Despite a request for a review of the case, the CICA upheld its initial decision.
PFEW then decided to support the member by funding an appeal to the Courts and Tribunals Service. At a hearing on 29 September this year, the member gave evidence and statements from colleagues were also given.
The case was adjourned for judgment and shortly after the tribunal found unanimously in favour of the member. The tribunal stated the officer was subjected to unlawful force and was therefore a victim of a crime of violence. The CICA was ordered to investigate and made an award based upon the injuries sustained by the member.
In addition to the damages for the injuries sustained by the officer, the judge ruled there was loss of earnings incurred as a result of not being able to undertake overtime, as well as accepting the claim for care provided by the member’s partner.
As with all personal injury claims pursued with PFEW, the member was able to keep 100 per cent of their damages.