Fequently Asked Questions

The following is a list of questions that staff of InjuriesBoard.ie have answered most frequently in the past year. If you cannot find an answer to your query here, please contact us and a member of our staff will be happy to help you.

Frequently Asked Questions – Claimants

Q. How do I submit a claim?

1. On-line at www.injuriesboard.ie - start a new claim

2. By telephone to our Service Centre - LoCall 1890 829 121 between 8am and 8pm Monday to Friday

3. By post to InjuriesBoard.ie, PO Box 8, Clonakilty, Co. Cork, P85 YH98

Option 1 is only available if you are applying as the claimant. If applying through an intermediary you should use Option 2 or 3. We are currently in the process of developing on-line solutions for intermediaries.

Q. How much will it cost me to make a claim through InjuriesBoard.ie?

  • A €45 application fee.
  • Your treating doctor is required to complete a report from your medical records and you will be typically charged a fee.

Refunds: The application fee and the reasonable cost of the completion of the form by your treating doctor will form part of your final award.

Q. Can I submit a claim myself?

Yes. This is an administrative process and you can apply directly. If you decide to appoint any third party to submit your claim papers, you will typically incur a professional fee. Your medical report, wages, vouched receipts form the basis of your award administered by the Board's statutorily appointed assessors.

Q. How long does it take to process a claim?

It takes an average of seven months from the date the person or entity that you are making the claim against (Respondent) agrees to the InjuriesBoard.ie process.

Q. I’m under 18. Can I make a claim?

Yes, but you’ll need to be represented by a “next friend” who will make the claim on your behalf – this is usually a parent or guardian.

You cannot, however, apply online – you can send us your application form by post along with a processing fee of €45 and a medical report from your treating doctor. InjuriesBoard.ie will assess your claim in the normal way. As a minor, your Board award will also be subject to Court approval.

Q. I was in a motor accident but the other driver was not insured or left the accident scene. Can I still make a claim?

Yes, but you should contact the Motor Insurers Bureau of Ireland (MIBI) first. MIBI can provide information on the insurance status of any vehicle and that will assist you to submit your claim to InjuriesBoard.ie. For further information relating to accidents involving unidentified and uninsured vehicles please see the guide on accidents involving uninsured/unidentified vehicles in the Forms & Guidelines section.

Q. Who should I name as a respondent (person or entity responsible for my injuries)?

You should name the person(s), entity or entities that you believe are responsible for your injuries. There is no limit to the number of respondents you wish to name. If you require further assistance please contact us and a member of our staff will be happy to help you.

Q. What happens if the respondent does not agree to InjuriesBoard.ie assessing my claim?

If the respondent does not agree, you will be formally authorised by the Board to pursue your claim through the Courts. Board authorisation is required.

Q. What is the Book of Quantum?

The Book of Quantum is a general guide to the amounts that may be awarded. Legislation requires InjuriesBoard.ie to have regard to the Book of Quantum when assessing claim values.

Q. What are General Damages?

General Damages cover compensation for pain and suffering resulting from injuries which you sustained in your accident.

Q. What are Special Damages?

Special Damages are any expenses that you have incurred as a result of an accident. Special Damages may include loss of earnings, medical expenses, out of pocket expenses and vehicle damage costs. In serious cases there may also be future loss of earnings, future expenses etc.The Board will guide/assist you in this event.

Q. Can I settle my vehicle damage claim with the Respondent and still pursue my personal injury claim?

Yes. Vehicle damage and any other agreed Special Damages may be settled at any stage with the respondent without impacting on your Personal Injury claim.

Q. The Respondent’s insurance company wants to settle my claim. What should I do?

The InjuriesBoard.ie assessment will reflect Book of Quantum values. InjuriesBoard.ie assessments are in line with Court Awards. As a claimant, you have the option of accepting or rejecting an early settlement offer. If you agree to an early settlement the matter is resolved directly between you and the Respondent (the person against whom you are making a claim) or more often, their insurance company. Before agreeing to a settlement we recommend you consider whether the full impact of your injury is known at that time i.e. is a prognosis available? If not you can proceed with a formal Application to the Board.

Q. What happens if both parties accept the assessment?

If both parties accept the assessment, InjuriesBoard.ie issues an ‘Order to Pay’. This has the same status as a Court award. A settlement cheque will be issued by the respondent/insurer shortly after.

Q. What happens if both parties do not accept the assessment?

If the assessment is rejected by either party, InjuriesBoard.ie issues an ‘Authorisation’, which allows the claimant to pursue compensation through the Courts system if they so wish.

Q. If my claim is successful, who pays the compensation?

Your compensation will be paid by the person or entity that you make the claim against (Respondent). It is usually the respondent’s insurance company who makes this payment.

Q. Will I have to pay tax on my compensation?

In general, no. However, income derived from investment of compensation may be taxable. Contact the Revenue Commissioners for more information.

Q. Does the Injuries Board deal with fatal claims?

Yes. If your claim relates to a fatal accident you should not submit your claim online. Instead please contact the Injuries Board on 1890 829 121 for further assistance.

Q. What are Recoverable Benefits?               

From August 1st 2014, The Social Welfare and Pensions Act 2013 obliges a respondent or their insurer  on settlement of a non-fatal personal injury claim to reimburse the Minister for Social Protection certain welfare payments made to a claimant as a result of their   inability to work following an accident. These are known as ‘Recoverable Benefits’.  

As a claimant the Notice of Assessment will set out the amount due to you on acceptance of the award and the amount due to the Minister for Social Protection. The amount due to the Minister will be the welfare benefits (if any) you have already received when out of work due to the accident.

Further information on “Recoverable Benefits”   may be obtained from the

Recovery of Benefits and Assistance Section,

P.O. Box 12515,

Dublin 1.

Telephone: (01) 8172660

or atwww.welfare.ie

Q. Does the Board assess claims relating to medical negligence?

Under the legislation which established Injuries Board, medical negligence claims are not included in the accidents which may be submitted  to us for assessment.  Section 3(d) of the Personal Injuries Assessment Board Act 2003 excludes claims “arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person”.

 

Frequently Asked Questions-Respondents

Q. What should I do if a claim is made against me? How should I respond to a claim?

If someone has made a claim against you through InjuriesBoard.ie, you will receive a ‘Formal Notice.’ This is simply a notification to you that someone is claiming against you.

We recommend you notify your insurance company once you receive a Formal Notice. The insurance company deal with InjuriesBoard.ie on your behalf.

For more information, download our guide for respondents here

Q. What happens next?

You, or your insurance company, have 90 days from the Formal Notice issue date to respond and let us know whether or not you agree to InjuriesBoard.ie assessing the claim. InjuriesBoard.ie must receive your response in writing. View the Contact page for our address and for information on who to call if you are unsure about how you should proceed.

Q. What if I don’t agree to InjuriesBoard.ie assessing a claim against me?

If you don’t agree to an assessment, the claimant will be issued with an ‘Authorisation’, which means that they can pursue their case against you through the Court system.

Upon receipt of a Formal Notice of claim you must respond to InjuriesBoard.ie in writing within 90 days indicating that you do not agree to us assessing a claim against you.

Q. What are Recoverable Benefits?               

From August 1st 2014, The Social Welfare and Pensions Act 2013 obliges a respondent or their insurer  on settlement of a non-fatal personal injury claim to reimburse the Minister for Social Protection certain welfare payments made to a claimant as a result of their   inability to work following an accident. These are known as ‘Recoverable Benefits’.  

As a respondent, the Notice of Assessment will set out the amount due to the claimant on acceptance of the award and the amount due to the Minister for Social Protection.

Further information on “Recoverable Benefits”   may be obtained from the

Recovery of Benefits and Assistance Section,

P.O. Box 12515,

Dublin 1.

Telephone: (01) 8172660

or at  www.welfare.ie

 

Frequently Asked Questions – Medical Practitioners

Q. One of my patients has asked me to complete a medical report on her behalf, which she intends to submit to InjuriesBoard.ie as part of her claim. What should I do?

  • To initiate a claim, the Board requires Claimants to ask their treating doctor to complete our Medical Form.
  • Please note no new medical examination is required. Please complete the form on the basis of the medical records you have on file for treatment to date.
  • This report is used to form an initial view, whilst the Board in almost all cases arranges for a further medical examination by a relevant specialist/expert at a later date. This may also require a follow-up with your practice, commissioned by the Board.
  • Reasonable charges levied on the claimant for completing the Board's medical form will form part of the final award.

Q. As the claimant's treating doctor, should I consult with an independent doctor instructed by InjuriesBoard.ie?

  • Yes, if you receive a consultation request from an independent examining doctor InjuriesBoard.ie will undertake to pay a reasonable consultation fee when requested.