Garda Compensation Claims *
Moloney & Company, Solicitors regularly act for members of An Garda Siochana and their dependants in applications for compensation under the Garda Compensation Scheme.
The Garda Siochana (Compensation) Acts provide that compensation can be claimed by two groups of individuals –
- Members of An Garda Siochana who sustain personal injuries (not causing death) maliciously inflicted upon them in the performance of their duties or acting in their general capacity as a member when off duty or merely because of their being a member of An Garda Siochana.
- Dependents of deceased members who were fatally injured while on duty or while acting in their general capacity as a member or merely because of their being a member of An Garda Siochana. The Garda Siochana (Compensation) Act 1941 states that the following dependant may be awarded compensation … the widow, children, step-children, parents, siblings, half brothers or sisters, grand- parents of the deceased member or adopted children under the age of 21 years who were supported, maintained and educated by the deceased person.
When can I apply for compensation?
An application for compensation must be submitted to the Garda Compensation Section, Department of Justice and Equality within three months of the date the incident occurred. The Minister for Justice and Equality does have discretion to extend this time limit but it is very difficult to get a time extension so hence the importance of making sure that the application form is submitted immediately. The application form should be sent by registered post to prove service and should contain details of the Garda’s name, address, rank, Garda number, and details of the injuries inflicted in the incident.
What happens after the application form is submitted?
If you decide to instruct a Solicitor from our firm to handle the Garda Compensation Claim we will arrange to obtain copies of your medical notes and records and submit these to an independent Consultant to obtain the necessary medical reports which have to be submitted to the Garda Authorities. In due course the Garda Authorities will arrange for you to be examined by the Garda Chief Medical Officer who will prepare a medical report. It takes some time for you to be examined by the Garda Chief Medical Officer because he has a long waiting list. The Garda Chief Medical Officer then provides a report regarding his examination to the Department of Justice.
When happens after I am seen by the Garda Chief Medical Officer?
The CMO will issue his report to the Department but you will not be given a copy of it at that stage. The Department of Justice will prepare a report including a copy of the CMO’s medical report and information from the Members Divisional Office regarding the incident in which the member sustained their injuries. The Minister for Justice will then make a decision as to whether the member concerned is entitled to pursue an action for compensation in respect of the incident in the High Court.
What happens if the Department of Justice deem my injuries to be “a minor injury”
If the medical reports submitted on your behalf state that your injury was in fact a minor injury the Minister for Justice is more likely than not going to refuse your application for compensation on that basis. Each case however is dealt with on its own merits by the Minister and while the Minister may in some cases take the view that an injury is minor your own medical Attendants may not agree with this and this can be disputed.
What happens when a Certificate of authorisation is issued by the Minister?
Once a Certificate of Authorisation and your original application for compensation is released by the Department of Justice legal proceedings are immediately drafted and the papers are filed with the High Court within two months from the date the authorisation was issued. A preliminary Court date is then granted by the High Court simply to confirm that your papers are in order. If the papers are in order, a subsequent Court date is provided for the case itself to be listed on a Monday in the Garda Compensation List.
What is the position concerning legal costs?
Moloney & Company act for members of An Garda Siochana on the basis that the majority of the legal fees incurred are discharged by the State. However, in some cases there may be some small deduction for outlays not recovered. Outlays are items of expense to include the cost of medical reports, medical records and other expert reports required to advance your case. In some circumstances not all of these outlays are recovered as part of your fees and there may be a small deduction but this will be discussed with you at our initial consultation and prior to the conclusion of the case. Moloney & Company do not make any deduction to your settlement monies for to cover legal costs – only to cover any shortfall in the outlays.
How is the level of compensation then assessed?
The amount of compensation that will be ordered in any case will depend on the nature of the incident, the extent of the initial injury sustained by you, how long it takes you to make a full recovery if at all, any out of pocket expenses (special damages) incurred by you both since the incident or into the future and any other losses to include potential future loss of earnings.
If you have suffered an injury during the course of your employment as a member of An Garda Siochana you should immediately contact our firm to seek legal advice.
Please contact us at 045-89800 or simply email firstname.lastname@example.org with your details and we will call you back to arrange a consultation.
Download the following Instruction Sheet and return it us:
Had an Accident? Fill in our online Accident Form and get an answer within 24 hours.
*In contentious Business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*