Posted: November 6th, 2019
A garda whose finger was broken by a person being deported quit the force 10 years early because of depression after the incident has been awarded approximately €76,000.
The Garda had initially take the work injury compensation state against the State for €310,893 in relation to a loss of earnings. In addition to this there was a claim filed seeking damages for personal injuries related to the physical damage to his right small finger around 20 years ago, Mr Justice Michael Twomey said in a High Court compensation ruling.
Judge Twomey said the loss-of-earnings figure had been claimed on the basis that the incident in which his finger had been broken had led to him becoming depressed and being forced to retire from the force.
The decision was taken to anonymise his compensation application and referred to the garda only as Garda B as the case involved very personal details about the garda’s family.
The Judge said that said Garda B had received two injections and no other medical treatment for the fracture and made a complete physical recovery. The main stumbling point in the case remained the extent to which Garda B’s psychiatric injuries could be attributed to the incident when his little finger had been fractured.
Judge Twomey said awards must be fair both to a plaintiff and defendant and modest damages should be awarded in relation to minor injuries, moderate damages for middling injuries and severe injuries should result in damages which were distinguishable from catastrophic injuries.
Due to this he awarded €42,699 for loss of earnings, €10,000 for physical pain and suffering as a result of his fractured finger and €10,000 for psychological pain and suffering caused by his depression arising from the incident.
Judge Twomey also awarded the garda €8,180 for out-of-pocket medical expenses in relation to both the physical and mental suffering and €5,100 for loss of earnings due to absence on sick leave because of the fracture alone – a total sum of €75,981 damages. The damages had also to be proportionate to the general cap of €450,000.
Categories: Work Injury Claim