Garda Compensation Claims Guide
If you are a member of An Garda Síochána and have sustained an injury during the course of your duties, you may be entitled to compensation.
The Garda Siochana Compensaton Act 2022 became law on the 10th of April 2023.
The legal process for this matter is set out in the said Act.
This post will give you detail about the process.
The 2022 Act provides for the legal framework for this compensation scheme. It is for officers who have suffered an injury from a malicous incident.
A malicious incident is described in the Act as :
“an incident as a result of which personal injuries (which may include injuries causing death) were maliciously inflicted on a member or former member and where such injuries were inflicted in the performance of their duties, or as a result of duties previously performed or merely because of their membership of An Garda Síochána at the time of the incident.”
The scheme applies to serving and retired members. The scheme can also apply for dependants and trainee Garda.
The matter should first be reported to their supervisor.
Form 1A inujry causing death can be seen here.
Form 2A – personal injury can be seeen here.
The email for the unit to submit the Garda forms to is Compensationsection@garda.ie
The matter must be referred to the Personal Injuries Assessment Board.
Once the application is submitted to the Injuries Board, the other side is notified of the case, and requested if they agree to the Injuries Board assessing it. There is also an option of mediation. If the Injuries Board make an assessment in the case, then the injured party and other side both have to agree to the injuries board assessment sum. All medical injuries sustained, diagnosis, duration of injuries, affect on ones life in addition to a financial loss assessment would need to be examined in order to assess the Injuries Board assessment. If both parties agree to an Injuries Board assessment an Order to Pay is made. If proceedings are required then the injured party may bring proceedings against a Garda Commissioner on foot on an authorisation.
It is open to the injured member to consider taking a case against the person who caused the incident, but in many cases this is just not a prudent option.
The time limit for these applications is short please note.
The persons medical report(s) must be submitted to the Garda Authorities.
The State Claims Agency represent the Garda Commissioner. Here is a guide to the Injuries Board process.
Once the matter is submitted to the Injuries Board, an award of compensation is made, both the injured party and state claims agency represenative for the commissioner must both agree to the Injuries Board assessment to conclude the matter.
If this does not arise, an Authorisation will issue and the person has to proceed to court if they wish to conclude the matter.
Here is detail of the number of cases between 2019 – 2023 made documented to this date.
The Department of Justice & Equality have a Garda Compensation section. On receipt of an application, the Garda Commission appoints a reporting officer who can refuse the application, or note to the applicant an initial assessment report is being prepared. The reporting officer can seek further information / documents from the applicant within 60 days. As stated in Section 14 (9) of the 2022 Act :
A copy of this assessment should be sent to the member.
Under S.16 of the Garda Compensation Act 2022 Act there is provision for a review application.
Cleary & Co. Solicitors – Litigation Law Firm
If you have been in a victim of negligence, Kieran Cleary and Roger Cleary are experienced Personal Injury Solicitors who can help with questions you may have regarding a personal injury case.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in civil law personal injury cases and if we can help we will.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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