InjuriesBoard.ie Publishes Annual Report for 2008
- €217m awarded to 8,845 claimants
- No evidence of "surge" in personal injury claims in 2009 as a result of recession
Compensation totalling €217million was awarded in respect of 8,845 personal injury claimants in 2008 according to the Annual Report of InjuriesBoard.ie (the operating name of the Personal Injuries Assessment Board) which was published today, Tuesday, 28th July 2009. Despite very challenging economic conditions, there was no evidence in the first six months of 2009 that the recession is leading to an escalation in personal injury claim volumes.
Since 2004, personal injury claims in Ireland (excluding medical negligence) must be processed through InjuriesBoard.ie rather than through the Courts.
In 2008, InjuriesBoard.ie (see Table 1 for further data on key deliverables):
- processed 24,722 personal injury claims;
- made 8,845 awards;
- processed claims in an average of seven months, at an administration cost of less than 8% of the compensation amount;
- assessed total compensation for accident victims of €217 million.
Commenting on the 2008 Annual Report, InjuriesBoard.ie Chief Executive, Patricia Byron said that the Board's processes are now well established in the Irish claims environment. "In 2008, we made 8,845 awards which was an 8% increase on our 2007 output, ahead of our expectations and delivered at no cost to the Exchequer. The Board's operations are funded through fees charged, by and large to insurers, who respond to claims. In 2009 we will continue to deliver an efficient service without an increase in the fees paid by claimants or respondents."
"It was widely anticipated that the recession would see a surge in personal injury claims. However to date in 2009, InjuriesBoard.ie has seen a very modest growth of under 3% in claim volumes following a 6% increase in claim volumes in 2008 over 2007.
"There are good reasons to believe that a combination of factors are applying downward pressure on the volumes of personal injury claims. 2008 was the safest year on Ireland's roads since records began and further progress has been made in 2009. The lower numbers at work and the Health and Safety Authority's focus on high risk occupations to minimise accidents should also contribute to fewer personal injury claims. Tougher legislation, hard hitting anti-fraud campaigns run by the insurance industry and more sophisticated tools for detecting fraudulent claims have helped to tackle the compensation culture in this country," Ms Byron added.
Welcoming publication of the InjuriesBoard.ie Annual Report, Tánaiste and Minister for Enterprise, Trade and Employment, Ms Mary Coughlan, TD, said that 2008 had been another successful year for the Board. "InjuriesBoard.ie continues to provide assessment in a timely and cost effective way and is an example of a successful reform project which employs the best practices and traditions of public service. The Board is self-funding, it is accessible via the web or a call centre which has one of the longest opening hours in the public sector and it is managed with a clear focus on delivering tangible results to individuals and society at large."
Post Year-End Developments:
In a judgement delivered on 19 December 2008, the Supreme Court gave InjuriesBoard.ie the green light to copy those claimants who engaged a solicitor with correspondence so that they could be kept informed of the progress of their personal injuries claim. Since March 2009, claimants have been copied with key correspondence and initial indications are that this process has helped improve attendance at medical appointments arranged by the Board. In March 2009, InjuriesBoard.ie made its 25,000th award to a woman who was involved in a road traffic accident (further case study details are enclosed in the Notes to Editor). The Board has also now published its guidelines to ensure clarity around when legal fees are and are not awarded. Every year InjuriesBoard.ie handles over 300,000 items of post. The Board has initiated discussion with the legal and medical professions and insurers on exploiting opportunities for greater use of electronic correspondence which could yield savings in administration costs to all parties.
Concluding, Ms Byron said "The objective of InjuriesBoard.ie has always been to reduce the number of cases which went to litigation to around one third of the pre-Board period. This objective is being met each year. In addition to the awards which the Board makes, a similar number of claims are settled, facilitated by the Board, but without recourse to our full assessment process. For example in 2008, InjuriesBoard.ie arranged 14,000 independent medical appointments as part of our assessment process."
The full report can be downloaded here
Ends Tuesday, 28th July 2009
For reference:
InjuriesBoard.ie
Gerry Naughton 01 4634565 / 086 803 2891
Note for Editors:
About InjuriesBoard.ie:
InjuriesBoard.ie is an independent statutory body, which assesses the amount of compensation due to a person who has suffered a personal injury.
Claims can be made direct via:
· Phone: Lo-Call helpline - 1890 829 121 between 8am and 8pm from Monday to Saturday
· Online at www.injuriesboard.ie , 24 hours per day, every day
· By Post to: InjuriesBoard.ie, P.O. Box 8, Clonakilty, County Cork.
Table 1: Key Facts - InjuriesBoard.ie in 2008
| | 2008 | 2007 | % Change |
| No. of Claims | 24,722 | 23,345 | +6% |
| No. of Awards | 8,845 | 8,208 | +8% |
| Average time to process claim | 7 months | 7 months | n/c |
| % of Awards under €38,000 | 88% | 91% | -3% |
% of Awards made for: - Motor Liability
- Employer Liability
- Public Liability
| 72% 11% 17% | 72% 12% 16% | n/c +1% -1% |
Case Studies
Motor Liability:
25,000th award
Olga is in her thirties and from Eastern Europe. She was a passenger in a cardriven by a friend when the tyre burst causing collision with a dividing hedge on the motorway. Olga suffered significant multiple soft tissue injuries to her back and damage to her teeth. She had to undergo significant physiotherapy and dental treatment.
Olga submitted her claim directly to InjuriesBoard.ie in June 2008. The respondent insurer consented to the Board making an assessment in September 2008 and an award of €24,000 in general damages plus a further €8,000 in special damages (mainly loss of earnings) was made in March 2009.
Single Vehicle Incident
Rose is a nurse in her thirties. She was involved in a single vehicle accident when the vehicle is which she was a passenger hit a wall. Rose sustained serious injuries, including multiple fractures. She had two periods of hospitalisation and was unable to work for a year due to her injuries.
Rose submitted her claim directly to the InjuriesBoard.ie. She was awarded a total of €125,000. The claim was processed in nine months.
Employer’s Liability:
Defective Equipment: Manufacturing
Terry, a general operative in his late thirties, was injured during the course of his work whilst operating defective equipment without the correct safety instructions. He suffered a deep laceration to his right thumb causing permanent scarring. This caused him much discomfort and it affected his manual dexterity.
Terry submitted his application for compensation to the Injuries Board. His employer consented to the Board assessing his claim. This assessment was completed within 9 months and Terry was awarded €10,000 in General Damages and additional sums for Loss of Earnings.
Struck by Falling Object: Construction
Graham, an electrician in his late twenties was on-site one day when he was struck by a falling heavy weight and was knocked to the ground. He suffered significant soft tissue injuries to his neck, shoulder and back. As a result of this injury he remained out of work for 3 months and required numerous physiotherapy sessions. He has since returned to lighter work duties.
Graham submitted his claim to the Injuries Board and had it assessed within a 9 month time period. He was awarded €25,000 in General Damages and additional sums for Loss of Earnings.
Public Liability:
Reaction – Hairdressers
Marie, a care assistant in her early 30’s went to her local hairdressers for a consultation and was advised that she should have a colour put in her hair. The hairdresser proceeded to do so without undertaking any skin patch test and as a result Marie developed a severe allergic reaction to the colourant resulting in blisters and burns to her forehead, neck and scalp.
This caused discomfort for Marie for a number of days and she was unable to go to work during this time. It will take almost a year to fully recover from these injuries.
Marie’s claim was assessed within 9 months by the Board and was assessed at an amount of €10,000 in damages.
Laceration - Retail
Kevin, a sales manager in his mid 50’s was shopping in his local grocery store and suffered a deep cut to his hand when he injured himself with broken glass on the shelf. His injuries have now completely healed and he has no scarring.
InjuriesBoard.ie assessed his claim within the statutory 9 month timeframe and awarded Kevin a total of €3,800 in General and Special Damages.