Information for Survivors
Compensation is available in 1 or 2 ways:
- Common Experience Payment (“CEP”). The deadline has now passed for claims. Survivors can apply until September 19, 2012 if they could not get their claim in on time due to hardship, disability or other exceptional circumstances and must include written reasons for delay.
- Independent Assessment Process (“IAP”). The deadline is quickly approaching on September 19, 2012.
This Information Letter will focus on the IAP.
Compensation is available for:
- Sexual abuse
- Serious physical abuse
- Serious psychological damage as a result of physical abuse and psychological abuse
Two Compensation Tracks in the IAP:
Most claims are in the Standard Track, where there may or may not be a hearing (see below).
Some claims, involving serious psychological damage as a result of physical abuse or psychological abuse, are in the Complex Track where a hearing and an expert assessment is necessary.
Claims involving actual wage losses are also in the Complex Track.
Consult a personal injury and ICBC lawyer for further explanation on this section.
The Point System for measuring the claim:
Acts (such as sexual abuse) and the harms that flow from them (such as psychological pain and suffering) are assigned points. The more serious the abusive act was, the more points that are assigned by the adjudicator. In addition, the more serious the effects of the abuse on the person (the consequences throughout the life of the Survivor), the more points the adjudicator assigns.
Amount of Compensation:
Compensation is available up to $275,000.00 for the most serious physical and sexual abuse.
There is a further amount of up to $250,000.00 for lost income due to consequences of abuse, and up to $15,000.00 for the cost of future care.
The IAP Provides Compensation for Abusive Acts by the Following People:
The IAP covers abuse by adult employees of IRS, other adults lawfully on the premises and some student on student abuse.
How to get Compensation:
Call us and we will fill out the form with you and guide you through the whole process.
Help Getting the Most Value out of the Claim:
Get Help! There are grey areas in this process. The Application must be presented in a way that maximizes the Survivor’s compensation, which is what we do.
Do it Right:
Take the time to do it right. If not, the value of the claim could be lowered.
Applying: Standard Track
Once a Survivor applies, Canada will review it and make an offer. If you accept the offer, the claim is finished.
Applying: Complex Track
If you do not accept the offer in Standard Track, or your Application is in the Complex Track, then we hold a hearing (a private meeting) to go over your claim. The IAP hearing is not public and it is not court. The Survivor gets to tell his/her story to the adjudicator. It is not confrontational. The adjudicator can be male or female and some are Aboriginal: the Survivor decides.