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Garda Síochána to be covered under occupational injuries insurance.
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18.—(1) Section 38 (3) of the Principal Act is hereby amended by the deletion of paragraph (e) (which excluded a member of the Garda Síochána from coverage under occupational injuries insurance).
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(2) Section 68 of the Principal Act (which relates to taking of benefit into account in assessing damages) is hereby amended by the insertion after subsection (3) of the following subsections:
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“(4) Notwithstanding the Garda Síochána (Compensation) Acts, 1941 and 1945, there shall in assessing compensation be taken into account, against—
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(a) any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries,
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(b) the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the injured person and in particular (if the injuries do not preclude the injured person from continuing to be a member of the Garda Síochána), on his future career in that force, and
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(c) the pain and suffering occasioned by the injuries to the injured person and also to any disease or tendency to disease caused by the injuries,
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the value of any rights which have accrued or will probably accrue to him therefrom in respect of disablement benefit (disregarding any increase thereof under section 46 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.
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(5) Notwithstanding the Garda Síochána (Compensation) Acts, 1941 and 1945, in assessing compensation under those Acts in respect of—
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(a) a person’s death, account may be taken of any death benefit by way of grant under section 53 of this Act in respect of funeral expenses, resulting from that person’s death, and
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(b) any medical or surgical expenses incurred or likely to be incurred by the injured person in respect or in consequence of the injuries, account may be taken of any medical care payment under section 57 of this Act, resulting from those injuries for the 5 years beginning with the time when the cause of action accrued.”.
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(3) This section shall come into operation on such day as the Minister may appoint by order.
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(4) Subsections (4) and (5) (inserted by subsection (2) of this section) of section 68 of the Principal Act shall not apply to any proceedings instituted for compensation under the Garda Síochána (Compensation) Acts, 1941 and 1945, before the commencement of this section.
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