A member of An Garda Síochána maliciously injured on duty can make an application for compensation under the Garda Síochána (Compensation) Acts 1941-1945.
In order for the Minister to approve an application to progress to the High Court, the Garda Commissioner must confirm to the Minister that the incident occurred on duty, that it was not caused as the result of the wilful default or negligence on the member's part, and whether the member was assigned to duties which included "special risk" at the time. In addition, the injury being claimed for must not be 'minor' in nature. The definition of 'minor' has been clarified in various judgements, for example those in the Merrigan and McGee cases.
Duties not involving special risk are duties to which members are detailed for on a regular basis. Special risk refers to the inherent nature of the duty assigned to the member and is therefore assessed on that basis and not by reference to the incident that occurred.