Making a Claim
At a Glance .... How InjuriesBoard.ie works
- Claim is submitted to InjuriesBoard.ie ether online or by post to InjuriesBoard.ie, P.O. Box 8, Clonakilty, Co. Cork.
- InjuriesBoard.ie send a Formal Notice of the Claim to the Respondent (A Respondent is the term we use to describe the Person or Entity against whom a claim is made).
- Respondent consents to an InjuriesBoard.ie assessment.
- InjuriesBoard.ie arrange an Independent Medical Examination and request details of out of pocket expenses. Without full details of the injuries and out of pocket expenses the assessment will not reflect fully the pain, suffering and expense incurred by the injured party.
- Assessment is made and Claimant and Respondent are notified of assessment i.e. level of compensation being awarded.
- Both parties accept the assessment and InjuriesBoard.ie issues an Order to Pay.
How to make a claim
Under the Personal Injuries Assessment Board Act 2003, anyone intending to seek compensation for a personal injury (other than a personal injury arising out of medical negligence) must make an application to InjuriesBoard.ie, formerly known as the Personal Injuries Assessment Board (PIAB). InjuriesBoard.ie handles personal injury claims relating to motor accidents, accidents in the workplace and claims involving public liability.
This section informs you of how to apply to InjuriesBoard.ie if you have sustained a personal injury and wish to seek compensation. The following sections outline the various steps involved.
What should I do following an accident?
How do I submit an Application to InjuriesBoard.ie?
How long do I have to make a claim?
How long does it take to process a claim?
Does InjuriesBoard.ie deal with claims on behalf of Minors (those under the age of 18)?
What happens when InjuriesBoard.ie gets my completed Application?
When should I attend for an Independent Medical Examination?
What are General Damages?
What are Special Damages?
How is an assessment made?
What is the Book of Quantum?
What happens when InjuriesBoard.ie completes the assessment?
What is an Authorisation?
What happens if I receive an Authorisation?
How can I contact InjuriesBoard.ie?
What should I do following an accident?
As soon as possible following an accident you should contact the Respondent (A Respondent is the term we use to describe the person or entity against whom a claim is being made) (For further information please see Respondent Identification Guide) and notify them of your intention to make a claim. It is advisable to notify the Respondent, in writing, within two months of the accident.
To make a personal injuries claim you then need to submit an application to InjuriesBoard.ie.
How do I submit an Application to InjuriesBoard.ie?
You can submit your Application by any of the following methods:
- online -or-
- by post to InjuriesBoard.ie, P.O.Box 8, Clonakilty, Co. Cork
The following documentation is required for you to complete your application to InjuriesBoard.ie:
- A completed application form (Form A) which can be submitted online or by post.
- A medical assessment form (Form B) completed by your treating doctor. This can be submitted by you online or by post.
- Payment of €50. This can be paid by contacting 1890 829 121 with credit/laser card detail or online if you are submitting your Application online. Alternatively you can send a cheque or postal order payable to InjuriesBoard.ie by post to InjuriesBoard.ie, PO Box 8, Clonakilty, Co. Cork.
While an Application can be completed online the form is also available:
- On our website: www.InjuriesBoard.ie
- by phone: LoCall 1890 829 121, or
- by writing to: InjuriesBoard.ie, P.O.Box 8, Clonakilty, Co. Cork
How long do I have to make a Claim?
The normal timeframe within which you must make a claim is limited by law to two years from the date of the accident. There are exceptions to this for persons under 18 years of age and some other categories of cases. You are advised to submit your completed Application to InjuriesBoard.ie as soon as possible and well before the expiry of the two year period.
How long does it take to process a claim?
In the majority of cases we will issue an assessment of the claim within 9 months from the date the Respondent (the person or entity against whom a claim is made) agrees to the InjuriesBoard.ie process.
Does InjuriesBoard.ie deal with claims on behalf of Minors (those under the age of 18)?
Claims involving Minors must also be made to InjuriesBoard.ie. Because they are under the age of 18 the Minor must be represented by a "next friend" who will make the claim on their behalf. The "next friend" will usually be the parent or guardian of the minor.
Due to the nature of these claims we do not accept Applications on behalf of Minor Claimants online.
To make a claim to InjuriesBoard.ie on behalf of a Minor Claimant please send a completed application form (Form A) together with a medical assessment form (Form B) from the Claimant's treating doctor and payment of the €50.00 application fee to InjuriesBoard.ie, PO Box 8, Clonakilty, Co. Cork.
InjuriesBoard.ie will make an assessment of a claim brought on behalf of a Minor in the normal manner. However a Court must approve any Assessment when it has been accepted by both parties before the Respondent can be directed to pay the amount involved.
What happens when InjuriesBoard.ie receives my completed Application?
InjuriesBoard.ie will examine the Application and supporting documentation. Only when all required documentation has been received by InjuriesBoard.ie can we proceed.
When the Application is complete i.e. application, medical assessment form and €50 fee received, we will acknowledge the date of receipt and confirm your Application number. We will also advise you on the next steps in the process.
What happens next?
InjuriesBoard.ie will notify the person you hold responsible for your injury (the Respondent) of your intention to make a claim against them. The Respondent will be provided with a copy of your Application Form and also a copy of your Medical Report.
The Respondent has 90 days to confirm whether or not they consent to the assessment of your claim. If we receive consent from the Respondent we will proceed with the assessment of your claim.
If the Respondent does not consent to the assessment of your claim we will issue an Authorisation permitting you to pursue your claim through the Court system if you so wish.
Once all required documentation has been received by InjuriesBoard.ie we will proceed with the assessment of your claim. Normally an assessment comprises of General Damages and Special Damages.
When should I attend for an Independent Medical Examination?
InjuriesBoard.ie will arrange, where necessary, an Independent Medical Examination shortly after the Respondent has consented to the assessment of your claim.
Generally InjuriesBoard.ie will inform you or your representative of the appointment with the Independent Doctor within four weeks of the Respondent having consented to the assessment of your claim. The Respondent has 90 days from the date that we issue the Formal Notification to consent to the claim. If you have not received an appointment within four weeks of this date you should contact InjuriesBoard.ie or your representative for further information
An Independent Medical Examination is arranged to ensure that the Assessment of your claim is based on the most accurate and up to date information available and that this Assessment reflects the true value of your claim. It will ensure that you receive the correct level of compensation. If full up to date information in relation to your injuries is not available together with all of your out of pocket expenses your assessment will not reflect the full value of your claim.
A copy of the Independent Medical Report(s) received by InjuriesBoard.ie will be issued to you with our Notice of Assessment.
If you have not received details of a medical appointment and think that you should have received an appointment please contact InjuriesBoard.ie on 1890 829 121 from 8am to 8pm Monday to Friday or your representative for further information.
What are General Damages?
General Damages cover compensation for pain and suffering resulting from injuries which you sustained in your accident. The Estimator will provide you with a guide to the Damages you may receive.
What are Special Damages?
Special Damages are any expenses that you have incurred as a result of an accident. Special Damages cover areas such as loss of earnings (see loss of earnings calculator) , medical expenses, out of pocket expenses and vehicle damage costs. In serious cases there may also be future loss of earnings, future expenses etc.
How is an Assessment made?
InjuriesBoard.ie assesses Damages on the same basis and by reference to the same principles as Damages measured by the Courts. We base our assessment on the medical report(s) submitted by your treating doctor and the report(s) of the independent medical examiner(s) when sought by InjuriesBoard.ie.
We then assess the claim based on all medical evidence provided and having regard to the Book of Quantum.
What is the Book of Quantum?
The Book of Quantum is a general guide as to the amounts that may be awarded or assessed in respect of specified types of injury. Please see also the Estimator. The law requires InjuriesBoard.ie and the Courts to have regard to the Book of Quantum.
What happens when InjuriesBoard.ie completes the Assessment?
We will let you and the Respondent know in writing the amount of the Assessment, i.e. the level of compensation being awarded. You have 28 days from the date of receipt of the notice of Assessment to confirm in writing whether you accept or reject the Assessment.
- If you accept the Assessment, you must acknowledge this in writing to InjuriesBoard.ie.
- If the Respondent also accepts the Assessment we will issue an 'Order to Pay'. This has the same status as an award of Court.
- If we do not receive your reply in writing within the 28 days, you will be deemed to have rejected the Assessment.
- If either of the parties reject the assessment then we will issue an Authorisation which allows you pursue your claim through the Court system, if you so wish.
You should be aware that if you reject the Assessment when made and legal proceedings issue there may be cost implications for you and/or the Respondent.
What is an Authorisation?
An Authorisation is a legal document issued to you which entitles you to pursue your action through the Courts system, if you so wish.
What happens if I receive an Authorisation?
An Authorisation is a legal document issued to you which entitles you to pursue your action through the Court system, if you so wish. If you intend to pursue your claim further you should do so immediately upon receipt of your Authorisation so that the time for bringing the claim does not expire.
An Authorisation is issued if:
- The Respondent has declined to let the claim proceed to assessment from the outset
or - The Assessment has been rejected by either you or the Respondent.
An Authorisation may also be issued in exceptional cases and InjuriesBoard.ie will advise both the Claimant and the Respondent if the claim falls within this category.
If you have any questions regarding the InjuriesBoard.ie process please contact us at:
InjuriesBoard.ie
P.O. Box 8
Clonakilty
Co. Cork
Tel: LoCall 1890 829 121 or from Northern Ireland 0870 876 8121 - Monday to Friday (8am-8pm)
Email: enquiries@injuriesboard.ie
AT ALL TIMES, IT IS OPEN TO THE PARTIES INVOLVED TO AGREE SETTLEMENT OF THE CLAIM AND YOU SHOULD ADVISE InjuriesBoard.ie IF THIS OCCURS.