Garda Compensation Scheme Claims
As a member of the Gardaí Síochána, you may sometimes be at risk to personal injury*. The Garda Compensation Scheme was set up to allow those affected to seek compensation for injuries sustained. Those eligible to seek compensation include members of the Garda Síochána who received personal injuries* whilst carrying out their duties, or injuries received off duty that are related to actions taken as a member of the Garda Síochána. Compensation can also be awarded for injuries sustained from simply being a member of An Garda Síochána. Those who are a dependent of a deceased member who was fatally injured carrying out duties are also eligible for the Garda Compensation Scheme too.
Speak to a Solicitor
You are not required to use a solicitor, however the application of an experienced solicitor can be useful to ensure that the process runs as smoothly and correctly as possible by providing all the correct information and meeting the required deadlines. A specialised personal injury* solicitor can provide you with the information that is needed to submit the application. Your solicitor will then prepare your file and gather all information needed into one place before making the application on your behalf.
What are the legal time limits?
You have three months after the date of the incident to submit an application, and getting an extension can be difficult. Using a solicitor can be very helpful in making sure such deadlines are confidently met.
All applications must be sent to the Garda Compensation Section Department of Justice and Equality. All the correct medical reports and information regarding your injury and recovery process, as well a final prognosis must be submitted before you can arrange a meeting with the Garda Chief Medical Officer for examination. It is crucial to have all the sufficient and relevant information on your injury to ensure your application is accepted. If you choose to use a solicitor they will gather all the relevant medical reports for you and ensure they are submitted in time.
Garda Chief Medical Officer Examination
Once your application is accepted, you will be put onto a waiting list for examination by the Garda Chief Medical Officer. Their role is to provide a report to the Department of Justice, regarding the injuries sustained, the treatment received, present condition, and the likely outcome or recovery process of the injury. The Chief Medical Officer does not provide a recommendation on whether or not compensation should be granted, but a report is forwarded on to the Department of Justice, which along with information from the applicant’s divisional office, will be reviewed by the Minister for Justice and decided upon as to whether your injuries are considered minor or non-minor.
Minor vs Non-Minor Injury.
Based on the evidence received in all the reports, the Minister for Justice will deem an injury as ‘minor’ if the applicant has recovered to full health or pre-incident health within the period of three months, as well as having no medical issues granted for the future. This will likely result in no further advancement of the case. Despite not being able to appeal this decision, you will be informed in advance if the application is going to result in refusal and therefore be given the opportunity to provide additional information by a specific date to support your case. If you were to apply via a solicitor, they will take care of ensuring that the best possible information is provided to support your case as well as meeting the strict deadlines applied.
Certificate of Authorisation
This is a document signed on behalf of the minister granting authorisation to proceed with the High Court in regards to the applicants personal injury claim*. Once this is released, legal proceedings take place immediately. A preliminary court date is issued to ensure all your papers are in order to allow the actual case itself to go ahead. Once again the application of a solicitor can be a big help in ensuring that everything is in order to run as smoothly and quickly as possible for you.
The compensation amount awarded will depend on the nature of the incident, the recovery process, the seriousness of the injury and the loss or potential loss of earnings of the applicant.
TELL US ABOUT YOUR CASE
If you have suffered an injury in relation to your duty as a Gardaí member, our team of local personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email firstname.lastname@example.org to tell us about your case.
With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.