Garda Injury Compensation Claims

Members of An Garda Síochána routinely face danger to keep the public safe, and they are entitled to a safe workplace just like any other employee. If you have been injured on duty, whether in an assault or through an avoidable accident, you may be entitled to compensation.

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Bringing a Garda Injury Claim

With more than 30 years of experience in personal injury, McCarthy + Co Solicitors LLP has brought many successful claims for members of the emergency services. Our personal injury department is led by Liam Crowley, an experienced litigator who has acted in many serious injury claims.

An Garda Síochána is a large and varied organisation, and its members can be injured in many ways, from assaults by members of the public to ordinary workplace accidents. Some risks are an unavoidable part of policing, but many injuries could and should have been prevented. Where an injury was avoidable, you may have grounds for a claim. Common examples include:

an injury sustained during training;
an injury caused by faulty or dangerous equipment;
a lack of the equipment or training needed to do the job safely;
being placed unnecessarily in a dangerous situation;
a failure to deal properly with bullying or harassment; and
a failure to prevent or respond to work-related PTSD and other psychological harm.

How you claim depends on how you were injured:

Malicious injuries – Where you were deliberately injured, for example in an assault, in the course of or because of your duties, you claim through the Garda Compensation Scheme under the Garda Síochána (Compensation) Act 2022.
Injuries caused by negligence – Where your injury resulted from your employer’s failure to keep you safe, such as unsafe equipment or a training accident, you bring an ordinary personal injury claim.

We will help you identify the right route and guide you through it. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

“It was a pleasure to work with this firm, namely with Liam Crowley. He made a difficult and lengthy process very easy and any questions were answered in a very timely manner. I was included throughout and every step of the process was explained to me without overwhelming me with information. If anything ever arises in the future I will be hoping to work with Liam and McCarthy + Co Solicitors again and would be happy to recommend them to anyone.”

Sarah Fahy

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.

If you have been injured while serving as a member of An Garda Síochána and would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Some of the questions we are often asked in relation to this topic.

How does the Garda Compensation Scheme work?

Where a member of An Garda Síochána is maliciously injured, for example in an assault, in the course of, or because of, their duties, there is a dedicated statutory scheme under the Garda Síochána (Compensation) Act 2022. You apply to the Garda Commissioner within six months of the injury, or of becoming aware of it. The Garda Compensation Section first decides whether you are eligible and whether the incident was malicious. If it was, your claim is submitted to the Injuries Resolution Board, the body formerly known as the Personal Injuries Assessment Board, which assesses the amount of compensation. The scheme now also covers trainee and reserve members.

What is the Injuries Resolution Board’s role?

The Injuries Resolution Board independently assesses how much compensation you should receive. It gathers the medical and financial evidence, usually arranges an independent medical examination, and then issues an assessment to you and to the State Claims Agency, which represents the Garda Commissioner. You have 28 days to accept or reject the assessment, and the respondent has 21 days. If either side rejects it, the Board issues an authorisation allowing the claim to proceed to court, where the court that hears it depends on the value of the claim.

What if my injury was caused by negligence rather than a malicious act?

Then a different route applies. The Garda Compensation Scheme is for malicious injuries, such as assaults. Where your injury was instead caused by your employer’s negligence, for example unsafe equipment, an accident during training, faulty premises, or a road traffic accident caused by poor driving, you bring an ordinary personal injury claim. This also goes through the Injuries Resolution Board, with the State Claims Agency acting for the State as your employer, and it is subject to the usual two-year time limit. We can advise which route fits your circumstances, and in some cases more than one may be relevant.

Can I still use a solicitor?

Yes. Although the Garda Compensation Scheme is designed to be more streamlined, you are entitled to legal advice and representation at every stage, and it is usually wise to take it. A solicitor helps you make the application correctly and on time, gathers the medical and other evidence that determines the value of your claim, explains the assessment when it is made, and advises you on whether to accept or reject it. Where a claim proceeds to court, having experienced representation matters, particularly as the other side is represented by the State Claims Agency.

How long do I have to make a claim?

It depends on the route. Under the Garda Compensation Scheme, you must apply to the Garda Commissioner within six months of the injury, or of the date you became aware of it, though this can be extended in certain circumstances. An ordinary negligence claim is subject to the standard two-year time limit, usually running from the date of the accident or the date of knowledge. Because the deadlines differ and can be short, it is important to take advice quickly.