InjuriesBoard.ie, formerly known as the Personal Injuries Assessment Board (PIAB), is an independent statutory body set up under the Personal Injuries Assessment Board Act 2003. All personal injury claims in Ireland (except for cases involving medical negligence) must be submitted to InjuriesBoard.ie.
The Board provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. Where the person responsible (the respondent) does not consent to InjuriesBoard.ie assessing your claim for compensation, InjuriesBoard.ie will allow you to pursue your claim through the courts.
Claims are assessed on average within 7 months of the respondent consenting. Personal injury claims through litigation (that is, the courts) can take up to 36 months (3 years).
Claims are assessed using the medical evidence you provide from your doctor and, if necessary, a report provided by an independent doctor appointed by InjuriesBoard.ie. The assessment of the damages due is made having regard to the particular injuries you sustained and your circumstances. Guideline amounts for compensation in respect of particular injuries are set out in the Book of Quantum (pdf). An online version known as the Estimator as well as some FAQ’s are available on the Board's website.
If the respondent does not agree to an assessment by InjuriesBoard.ie or if either side rejects the Board’s award, the matter can then be referred to the courts.
Under Section 17 of the 2003 Act, if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of the Board’s assessment procedures, the Board may give you permission to pursue your claim through the courts without an assessment of your claim.
Since August 2014, under the Recovery of Certain Benefits and Assistance Scheme the Department of Social Protection can recover the value of certain illness-related social welfare payments from compensation awards. The benefits are recovered from the compensator and not from the injured person.
Under the Civil Liabilities and Courts Act 2004 the time-limit for claims for compensation is two years from the date of the accident. Even so, it is very important that you notify in writing the person you hold responsible for your injury of the nature of the wrong they have committed within two months of the accident. While it may not affect your application to the Board, it may affect your case later if you have to go to court.
When InjuriesBoard.ie receives your application for compensation, it will issue a receipt for the fee and an application number. It will then inform the person you hold responsible for your injury (the respondent) about your claim. The respondent has 90 days to consent to the Board assessing your claim. If the respondant agrees to this, he/she must pay a fee. If the respondent does not do this, the Board will issue you with an Authorisation. This is a legal document allowing you to proceed with your claim through the courts if you so wish.
When the Board makes its assessment, you, as the claimant, have 28 days to decide whether you accept or reject the award. If you accept it, you must acknowledge this in writing to InjuriesBoard.ie. If you don’t reply within 28 days, it is deemed that you have rejected the assessment.
The respondent has 21 days to accept or reject the assessment. If the respondent does not reply within this time limit, it will be deemed he/she has accepted the assessment.
If both parties accept the assessment, the Board will issue an Order to Pay to the respondent. If either you or the respondent rejects the assessment, the Board will issue you with an Authorisation allowing you to take your claim to court.
Claimants are charged €45 to make an application to InjuriesBoard.ie for compensation for a personal injury.
For respondents, if a claim has been made against you and you agree to allow assessment by InjuriesBoard.ie you must pay a fee of €600 (was €850 before January 2013). If your insurance company has agreed to handle the claim on your behalf, it will pay this fee.
To make a personal injury claim for compensation you can:
The following documentation is required for you to complete your application:
You should also provide receipts for any financial loss that you have incurred as a result of the accident, together with any other documentation you may consider relevant to your claim.
If making an application on behalf of child (someone under age 18) or on behalf of someone who has been fatally injured, you must make the application by post. Also, you must use a Fatal Accident Application Form (Form A) (pdf) when claiming for someone fatally injured.
The Board’s leaflet Claimant Guide (pdf) contains further information on the application and assessment process. The Board also has a leaflet entitled How to respond to a claim (pdf) for respondents. You can download copies of the Application Form and the Medical Assessment Form from the Board's website.
If you have any further queries in connection with making a claim to the Board or about the application process, contact it directly as follows:
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000. The Phone Service will operate Monday to Friday, 9am to 6pm during January 2017. You can also visit your local Citizens Information Centre.