We didn’t think a broken nose was minor – and neither did the High Court

By August 15, 2017 No Comments

In Hughes Murphy we specialise in advising Members of the Garda Síochána and are the most experienced firm in the Country in handing claims under the Garda Compensation Acts having acted in hundreds of claims over the years.

If you are a Guard and are injured by a prisoner while acting in the course of your duties you may be entitled to be compensated and you should call us to make enquiries.

One of the requirements of the Acts is that the injury sustained must be “non-minor” in nature.

As a result of disclosure which we have received through the years we know that the Department of Justice & Equality considered an injury from which you recover within 3 months a minor injury and they would refuse those claims.

The important thing to remember is that just because the Department thinks something – does not make it right.

In a recent case a young Guard broke his nose when a prisoner head-butted him in a patrol car. Ultimately he required a septoplasty (a surgical procedure) to realign his nose and spent two days in hospital recovering.

But he was back to work shortly thereafter with no further interference with the performance of his duties.

The Minister for Justice and Equality refused to authorise this Guard to claim compensation for his injury on the basis that it was a minor injury.

We did not agree that an injury of this nature could ever be considered minor – and the High Court agreed with us. Ultimately, we are delighted to be able to tell you that the Guard in question received over €30,000 in compensation.


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