Garda Compensation Claims*
The Garda Síochána (Compensation) Acts 1941–1945 provide for a 'no fault' compensation scheme for members of An Garda Síochána who suffer maliciously inflicted injuries (of a non-minor nature) or death while on duty, or in certain circumstances when off-duty, or merely because of him/her being a member. The scheme operates on the basis that the injured member (or dependents in the case of death) are entitled to apply to the Minister for compensation.
Applying for compensation?
You must complete and submit an application form (Form 2) within 3 months of the date of injury. This time limit can be extended at the discretion of the Minister in exceptional circumstances. Medical reports are then obtained from your treating doctor(s) in relation to your injuries and submitted as part of the application.
An appointment will be arranged for the member to be examined by the Chief Medical Officer who prepares a report and sends it to the Garda Compensation Section of the Department of Justice & Equality. The Minister then makes a decision on whether the claim meets the Garda Compensation Scheme's criteria.
If so, the Minister issues a Certificate of Authorisation enabling the claim progress to the next stage. If, however, the Minister determines that the injuries were minor in nature then the claim will be rejected.
How is the claim assessed?
The next stage after a Certificate of Authorisation has issued is for High Court proceedings to be issued. A 2 month time limit applies. Once High Court proceedings have issued the case will progress to a hearing before a judge for the sole purpose of assessing the amount of compensation to be awarded. The judge will decide the appropriate level of compensation under two headings of general damages (i.e. pain and suffering) and special damages (loss of earnings, medical expenses, etc.).
McSweeney Solicitors operate a simple and transparent policy on legal costs for Garda Compensation Claims.
If your application for compensation to the Minister is successful then our firm's professional fee will be fully discharged by the State.
If your claim is successful then you can also expect to recover most if not all of your out-of-pocket expenses e.g. medical expenses, report fees, etc.
Does the Garda Compensation Scheme apply to other types of accidents or injuries (i.e. not maliciously inflicted)?
No, the 'no fault' scheme only covers non-minor in nature maliciously inflicted injuries or death occurring while on duty or in connection with their duties. However, if you have been injured in a road traffic accident or an accident in work you may be entitled to bring a standard personal injury claim against the wrongdoer.
How can McSweeney Solicitors help you?
- We can provide free no-obligation initial advice on your case.
- We can help you make a claim under the Garda Compensation Scheme or ordinary personal injury claim.
- We can help you recover the compensation you are legally entitled to, including expenses, loss of earnings (past, present and future).
- We will take the stress out of making a claim by having a specialist injury lawyer there for advice every step of the way.
START YOUR PERSONAL INJURY CLAIM TODAY WITH EXPERT HELP & ADVICE FROM PERSONAL INJURY SOLICITORS IN DUBLIN
*In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.