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  • Human Trafficking Claims

Human Trafficking Claims

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If you’re a survivor of human trafficking, our specialist solicitors could help you claim compensation for the injuries or trauma you suffered.

If you have a complex human trafficking claim, we have the expertise needed to help you get the compensation you deserve. We can also help you to reopen your case if we believe you’ve not been given enough compensation.

You can get in touch with us at any stage of the claims process and we could help you, even if you’ve already started it off yourself or with another law firm.

What Is Human Trafficking?

Human trafficking is a form of modern day slavery. Human traffickers will illegally transport someone to an unfamiliar place where they’ll force or intimidate that person into doing something for the trafficker’s gain.

Victims of human trafficking can be forced into marriage, working and living in someone’s home, organ harvesting, crime or sexual exploitation. They often become trapped in their situation and reliant upon their traffickers.

People of any age, gender or background can become a victim of human trafficking, though women and children are more at risk. People can be trafficked within their own country or from one country to another.

What Can You Claim Compensation For?

The Criminal Injuries Compensation Authority (CICA) offers a scheme to give compensation to victims of violent crime in the UK. While the CICA scheme doesn’t consider human trafficking itself as violent crime, victims can claim compensation for the injuries and emotional trauma they suffered while they were being trafficked.

Our specialist human trafficking solicitors could help you claim compensation for any physical injuries or emotional trauma you suffered while you were a victim of trafficking. These can include:

  • Assault (someone intentionally hurting you and causing bodily injuries)
  • Sexual abuse (someone forcing or intimidating you to do sexual acts)
  • Child abuse (any type abuse you suffered while under 18 years old)
  • Domestic abuse (if a spouse, partner or someone you live with behaves in a controlling, threatening, degrading or violent way toward you)
  • Threats of violence (when someone threatens to physically hurt you or force you to do something you don’t want to).

How Can We Help?

We can help you with every stage of a compensation claim as well as help you access the support you need to move forward.

Our experienced CICA solicitors can help you:

  • Make a CICA claim
  • Review your application if you’re making a CICA claim yourself
  • Review the "health" of your claim, whether you’re claiming by yourself or using another law firm
  • Make appeals to the CICA Tribunal if your claim was denied
  • Apply to the CICA to medically re-open your case.

As well as helping you through the CICA process, our solicitors can also help you access any rehabilitation and support you need. We have a specialist team of support and rehabilitation co-ordinators, who can help you access benefits and rehabilitation services.

We can also offer advice on Court of Protection issues through our dedicated team. For clients who lack the mental capacity to manage their own affairs, we can make a claim on their behalf by working with their family members or a ‘litigation friend’. 

If your claim is successful, we can advise you on how to invest that money. We can also make sure your compensation doesn’t affect your entitlement to certain state benefits, by setting up a personal injury trust.

Why Choose Irwin Mitchell?

We offer specialist advice about all parts of the CICA process and we’re passionate about helping our clients get the compensation they deserve. Our CICA solicitors have a lot of insight into why CICA might reject a claim, so we know how to get you the best outcome possible for you.

We make sure that we keep regular contact with the CICA throughout your claim, and we always keep you well-informed about what’s going on.

Our team understands what you’re going through, and we take the time to make you feel comfortable at every stage of your claim. We regularly work with support and rehabilitation co-ordinators who can provide you with help and support for things like accessing benefits and specialist rehabilitation services.

No matter what language you speak, we can find an interpreter or lawyer who speaks your language. We also regularly work with clients with disabilities and we have extra measures in place to help.

We have offices across the UK, so we’re on hand to help wherever you’re based.

 

If you’re a survivor of human trafficking, our expert solicitors could help you get compensation for the injuries and trauma you’ve suffered. Call us on 0370 1500 100 or get in touch online to talk with us about your claim.

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Sarah Brumpton
Sarah Brumpton Senior Associate Solicitor & Head of National CICA Team Meet the team

Human Trafficking Claims - More Information

Before you apply for the CICA scheme, you must have confirmed ‘Human Trafficking status’, applied for Asylum or been granted temporary protection in order to be eligible to claim.

If your application for Human Trafficking or Asylum status hasn’t been decided on yet, we can still help you submit a claim application. In this case, we’ll ask the CICA to pause their decision about your claim until after your status is confirmed.

CICA claims can go through a three stage process. We can help you settle your claim during any of these three stages. If you case is successful, you could get your compensation within 18 months, however some claims can take longer depending on their complexity.

  • Stage 1: Submitting your application
    You submit your claim to the CICA. They then request police and medical evidence. Once you’ve given your evidence, the CICA will decide whether to pay you compensation, and how much.

  • Stage 2: Reviewing your claim
    If you disagree with the CICA’s initial decision, we can help you submit review application within 56 days of the initial decision. The CICA will reassess your claim and may ask for further evidence. The CICA will then get a different person to make a review decision of whether you’re entitled to compensation, and how much.

  • Stage 3: Appealing the CICA’s decision
    If you’re still not happy with the CICA’s decision, we can help you appeal it at the CICA Tribunal. This is separate to the CICA and the Tribunal’s decision is usually final.

The normal time limit for making a CICA claim is two years from the date of the crime. But we understand that in situations involving human trafficking this may not always be possible.

If you’re making a CICA application after the two year time limit, there are some exceptions that the CICA will take into account including:

  • Children – you can make a claim at any point before the child’s twentieth birthday, as long as someone reported the crime to the police while the person was still a child.
  • Historical child abuse – if you reported your child abuse to the police as an adult, you have two years from the date you reported the crime to make a claim.
  • Exceptional circumstances – the CICA can allow claims if there are good reasons for a delay in claiming (for example if you’re claiming on behalf of someone who lacks mental capacity or if you’ve been prevented from seeking help because of being trafficked).
  • Medically reopening CICA claims – You have two years from the CICA’s original decision to medically reopened your claim. You can medically reopen your claim if your injury has significantly changed or worsened after you’ve received compensation.

The CICA gives out fixed levels of compensation for claims, depending on the type of injury you’ve suffered and how severe it is. The CICA scheme doesn’t offer any specific award for human trafficking but you can claim compensation for injuries and emotional trauma you suffered as a result of being human trafficked.

The minimum amount of compensation the scheme awards is £1000, and this goes up to £500,000 for the most serious injuries.

You can claim for up to three injuries through the CICA, but you get reduced amounts of compensation for the second and third injuries:

  • Most serious injury – 100% of the compensation award for that type of injury
  • Second most serious injury – 30% of the compensation award
  • Third most serious injury – 15% of the compensation award.

In you’ve experienced sexual abuse or exploitation, you can make a compensation claim for the sexual abuse itself or for psychological trauma. The compensation you get depends on which injury has a higher value under the CICA’s Tariff of Injuries.

The CICA can also give compensation awards for your loss of earnings or expenses resulting from human trafficking, but there are strict guidelines for these payments.

The CICA may reduce compensation awards if they find issues with your conduct or behavior toward them. If you have an unspent criminal conviction the CICA will usually reject your claim. The CICA may also reject your case if you delayed reporting your case to the police, or didn’t cooperate with their investigation.

We make CICA claims on a no win no fee basis. This means that there’s nothing for you to pay upfront, and that you don’t pay us anything if your claim is unsuccessful.

If your claim is successful, we take our fee out of your compensation award. The CICA doesn’t pay us any legal costs unfortunately, which is why we need to take our fee from your compensation.

However, using a solicitor to make your CICA claim often means that you’ll receive a higher amount than if you made a claim on your own. We’ll discuss this with you during your free consultation.

Give us a call on 0370 1500 100 or get in touch online to arrange this consultation with us.

We understand that making a legal claim after surviving human trafficking is highly stressful. Our specialist lawyers are highly experienced in helping human trafficking survivors claim compensation and we’ll fight for you to get the compensation you deserve.

Our team is well known for its professionalism, expertise and sensitivity when dealing with complex and often distressing cases. 

Meet our CICA claims experts.

Sarah Brumpton image

A willingness to take on difficult cases, push new points and get exceptional results for clients"

Legal 500, 2022

Related Information – Human Trafficking

Mental Capacity - If you are involved in a mental capacity dispute, whether it has reached the Court of Protection or not, we can help.
Court of Protection - We can help those without the mental capacity to manage their own affairs.
Child Abuse Compensation Claims - If you have been the victim of child abuse, our solicitors could help you get justice and claim compensation.
No Win No Fee Solicitors - With our no win no fee promise you can rest assured that we’ll get you the best outcome possible for your case.

* To make a No Win No Fee claim, you need to enter a No Win No Fee agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

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