Personal Injuries Assessment
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 PIAB.
PIAB provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. Where the person you hold responsible (the respondent) does not consent to PIAB assessing your claim for compensation, PIAB will allow you to pursue your claim through the courts.
Claims through PIAB 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 PIAB. 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). PIAB provides useful FAQs about making a personal injury claim.
If the respondent does not agree to an assessment by PIAB or if either side rejects PIAB’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 PIAB’s assessment procedures, PIAB may give you permission to pursue your claim through the courts without an assessment of your claim.
Under the Recovery
of Certain Benefits and Assistance Scheme the Department of Employment
Affairs and 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 2 years from the date of the accident. Even so, it is very important that you notify in writing, by registered post, the person you hold responsible for your injury of the nature of the wrong they have committed within 2 months of the accident. While it may not affect your application to PIAB, it may affect your case later if you have to go to court.
When PIAB 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 PIAB assessing your claim. If the respondent agrees to this, they must pay a fee. If the respondent does not do this, PIAB 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 PIAB 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 PIAB. 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 that they have accepted the assessment.
If both parties accept the assessment, PIAB will issue an Order to Pay to the respondent. If either you or the respondent rejects the assessment, PIAB will issue you with an Authorisation allowing you to take your claim to court.
Claimants are charged €45 to make an application to PIAB for compensation for a personal injury.
For respondents, if a claim has been made against you and you agree to allow assessment by PIAB you must pay a fee of €600. If your insurance company has agreed to handle the claim on your behalf, it will pay this fee.
How to apply
To make a personal injury claim for compensation you can:
- Submit your application online or
- Submit your application by post to the Personal Injuries Assessment Board
The following documentation is required for you to complete your application:
- A completed Application Form (Form A) (pdf) which can be submitted online or by post.
- A Medical Assessment Form (Form B) (pdf) completed by your treating doctor. This can be submitted by you online or by post.
- Payment of €45. This can be paid by telephone using a credit or debit card. They can also be used online if you are submitting your application online. Alternatively, you can send a cheque or postal order, payable to the Personal Injuries Assessment Board, by post.
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.
You can find more information about making a
claim on PIAB’s website.
Where to apply
PIAB’s leaflet Claimant Guide (pdf) contains further information on the application and assessment process. PIAB 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 PIAB's website.
If you have any further queries in connection with making a claim to PIAB or about the application process, contact it directly as follows: