If a Garda sustains personal injuries* while preforming his duties, he/she may be permitted to bring a personal injury* claim under the Garda Siochana (Compensation) Acts.
Such claims are limited to members of an Garda Siochana who have suffered:
- personal injuries* which have been maliciously inflicted while in the performance of their duties; or
- personal injuries* which have been maliciously inflicted while acting in the general capacity of a member of an Garda Siochana when off duty; or
- personal injuries* which have been maliciously inflicted because they are a members of An Garda Siochana.
Dependants of deceased Gardai who were fatally injured* can also bring claims for compensation, provided the deceased member was fatally injured* in circumstances as stated in either paragraph (a), (b) or (c).
If a Garda has sustained personal injuries* in any of the above mentioned circumstances, it is necessary for him to submit his claim to the Garda Compensation Section within three months of the date of the incident. While the Minister may consider late applications, the longer the delay in submitting your application, the less likely it is that it will be accepted. It is therefore essential that you consult with a solicitor who specialises in personal Injury* law and more particularly Garda Compensation claims*, immediately.
Once a personal injury* claim has been submitted, the Minister will consult the medical evidence and the Garda Commissioner to consider:
- whether the injury sustained was minor or non-minor
- whether the incident is covered by the provisions of the act.
In considering whether the personal injuries* are minor or non-minor, the Minister is guided by the McGee and Merrigan Judgements. The Merrigan Judgment states that a minor personal injury* is one where there has been a ‘complete recovery within a matter of weeks with no adverse sequel’. If the Minister finds that the personal injury* is minor or that the incident is not covered by the provisions of the act, the Minister at liberty to refuse the application. While there is no provision under the act for bringing an appeal, additional information can be submitted at this juncture.
If your personal injuries* claim is accepted an authorisation is issued and same has to be lodged in the High Court within two months.
For information on Garda compensation claims* or indeed personal injury* claims, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.
This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other personal injury* matter, you should consult with a solicitor who specialises in personal injury* law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.