Garda compo claims to be handled by PIAB
The Garda Síochána (Compensation) Bill 2021 has completed all stages in the Oireachtas and will overhaul the current Garda compensation scheme for gardaí injured in the course of their duties.
The bill aims to reduce the length of time it takes to process compensation awards and to reduce legal costs, cutting the number of applications going to court.
Under the new scheme, where an assessment concludes that a member has been injured as a result of a malicious incident, an application will be made on the claimant’s behalf to the Personal Injuries Assessment Board (PIAB).
State Claims Agency
After a claim has been made to PIAB, the State Claims Agency will represent the Garda Commissioner.
The new scheme will operate as follows:
- The member, or specified dependent in the case of a fatal injury, will apply to the Garda Commissioner for initial assessment of his or her case within six months of the injury, an increase from three months under the old scheme.
- A reporting officer will determine if the person is an eligible applicant and prepare a written report.
- If the injury or death appears to have been caused as a result of a malicious incident, then the member or dependant is entitled to an assessment of compensation.
- If the report concludes the injury or death was not caused as a result of a malicious incident then the member can seek an independent review of that finding.
- Where applicable, an application is made to PIAB on the applicant’s behalf, to reduce the administrative burden and to enable the Garda Commissioner to pay the fees regarding the PIAB process.
- PIAB will process the application and make an assessment by reference to the personal injury guidelines.
- If either party rejects the assessment, the applicant will receive authorisation from PIAB to proceed to court.
- The State Claims Agency will manage the court proceedings on behalf of the Commissioner.
- If all parties accept the PIAB assessment an order to pay issues.