1. What is the InjuriesBoard.ie?
The InjuriesBoard.ie is an independent statutory body. We provide an independent assessment of personal injury claims for compensation following an accident where legal issues are not disputed. We assess compensation quickly but we don't award costs for or against either party.
2. Why was the InjuriesBoard.ie set up?
There are too many relatively straightforward compensation cases taking too long and costing far too much to finalise. Claimants in Ireland wait 6 times longer than those in England for negotiations to even commence on their cases.
3. What is the role of the InjuriesBoard.ie?
We provide an independent assessment of compensation where the person responsible is not seeking a decision on liability. We will assess compensation quickly but will not award solicitor's costs for or against either party.
4. Will the InjuriesBoard.ie lead to a reduction in the amount of compensation awarded?
No. Awards will be based on current levels of compensation. The Board will make it's assessments based on a published Book of Quantum . This book shows the levels of compensation that are appropriate for different types of injury. Assessments will not be totally rigid and will have full regard to the specifics of each individual case.
5. Whose interests is the InjuriesBoard.ie going to serve?
The Board helps the victims of negligent accidents (Claimants) and the legitimate interests of those accused of being responsible for claimants' injuries (Respondents).
6. How has the InjuriesBoard.ie change the current system for personal injury compensation?
Since 22nd July 2004 all personal injury claims (excluding medical negligence) have been submitted to the Board before starting legal proceedings. It assesses the injury and recommends a compensation award provided there are no legal disputes. If either side rejects the award the matter can be referred to the Courts.
7. Does the Personal Injuries Assessment Board Act, 2003 restrict in any way a person's right to claim compensation?
No. A person's right to seek compensation for personal injury has not changed. What has changed is the process for making claims.
8. What type of accidents does InjuriesBoard.ie deal with?
The Board deals with personal injuries arising from all accident types including motor, employer's liability and public liability. It does not deal with actions arising from medical negligence.
10. How will Claimants and Respondents get information on InjuriesBoard.ie?
InjuriesBoard.ie has set up a Helpline on LoCall: 1890 829 121 (ROI) or 0870 876 8121 (NI) to provide Claimants and Respondents with guidance on the Board, and to assist Claimants in completing their initial claim submissions. In addition, information will be available via its Website. http://www.piab.ie
11. Where can I get general information on all matters related to InjuriesBoard.ie?
You can get general information on our website at http://www.piab.ieor by contacting your local Citizen Information Centre.
12. How can I obtain leaflets, reports etc. which are published by InjuriesBoard.ie?
General information leaflets are available from its Service Centre at P.O. Box 8 Clonakilty, Co, Cork or by phoning LoCall 1890 829 121 (ROI) or 0870 876 8121 (NI). These documents are also available from your local Citizen Information Centre. Copies of the Book of Quantum and Statutory Instruments are available from Government Publications.
13. How do I contact InjuriesBoard.ie?
We can be contacted Monday to Saturday 8am to 8pm by calling 1890 829121 (ROI) or 0870 876 8121 (NI)
or by post at: P.O. Box 8, Clonakilty, Co. Cork.
14. Does the Freedom of Information Act apply to InjuriesBoard.ie?
InjuriesBoard.ie is not currently subject to the Freedom of Information Act.
15. Must an injured person take a claim for compensation to InjuriesBoard.ie?
A claim is made in the first instance to the person, organization or company that is responsible for the accident (the Respondent). If no agreement is reached, and the injured person (the Claimant) wants to pursue the claim, he or she must lodge it with InjuriesBoard.ie. We will then assess the case provided the responsible party (the Respondent) does not raise legal issues. These could include claims that they were not responsible or that there was contributory negligence.
16. Does the claimant have to prove the Respondent negligent before an award can be made?
Normally a case for personal injury compensation is based on a claim that the Respondent failed in their duty of care to the injured party. This is still true, and if there is any legal dispute it can only be dealt with by a court of law. We will only deal with cases where legal issues are not raised.
17. What is the time limit for making my claim?
Under the Civil Liability & Courts Act 2004 the new time limit for bringing a claim is either:
If you have any queries please contact InjuriesBoard.ie at LoCall 1890 829 121 .
18. How is a claim made to InjuriesBoard.ie?
InjuriesBoard.ie gives claimants an Application. The questions on the Application are not complicated. Apart from personal details, it will ask the Claimant;
19. Will InjuriesBoard.ie help Claimants to fill in the Application?
InjuriesBoard.ie operates a Service Centre to provide help and assistance to Claimants over the phone in respect of the Application. The Service Centre is open Monday to Saturday 8am to 8pm and can be contacted at LoCall: 1890 829 121 (ROI) or 0870 876 8121 (NI).
20. Can I make an appointment to see someone about my claim?
No, there are no oral hearings. All communication will be either by phone or in writing with InjuriesBoard.ie.
21. Can I deal directly with InjuriesBoard.ie?
Yes, InjuriesBoard.ie can deal directly with you and there are no legal costs involved. Alternatively, you may choose to engage an agent (e.g. a solicitor) at your own expense.
Whether you deal directly with InjuriesBoard.ie or choose to engage an agent the award levels will be the same.
22. Is there a charge to the Claimant for making a claim through InjuriesBoard.ie?
Yes. The Claimant must send a fee of €50 (cheque, postal order, credit card or laser card payment) along with the completed Application.
23. What medical details do I need to submit and who pays for these?
The Claimant must submit the medical assessment form in order to complete the claims process. This should be completed by their treating Practitioner. The Claimant pays for this medical assessment form. If their claim is successful they will receive €150 towards the cost of the medical assessment form which will form part of the claims payment. All other medical expenses associated with the treatment of the injury will form part of the compensation claim itself. If the assessment involves an examination by a member of the independent medical panel this cost will be paid by the Respondent.
24. Does the claimant have to give evidence at a InjuriesBoard.ie hearing?
No, there are no oral hearings. Assessment is based primarily on the medical report and supporting documents. InjuriesBoard.ie works using documents only.
25. What happens if the Respondent disputes the medical report supplied by the Claimant's doctor?
If there is a dispute about the nature of the injury or medical condition the Claimant will probably be required to attend an independent medical specialist selected from a panel approved by us.
26. What happens if the Respondent disputes the circumstances of the accident?
If the Respondent disputes liability for the accident and injury, in part or in whole, we will give the Claimant an Authorisation to take a case for compensation through the Courts, if they so wish.
27. Who makes the Assessment?
Compensation claims are assessed by the assessment team. All Assessors are independent public servants.
28. How is the compensation assessment made?
An initial medical assessment form is received from the claimant's treating practitioner. If this medical assessment form is inconclusive or further clarification of the extent of the injury is required or the initial medical assessment form is challenged by the Respondent, a report or reports will be obtained from a member(s) of an independent panel of specialists. Any other medical evidence which the Claimant feels is relevant to the claim should also be submitted. Based on all the medical evidence and the Book of Quantum, InjuriesBoard.ie calculate the award.
29. Does InjuriesBoard.ie only use one medical report when making their assessment?
Each case will be assessed on its own merits. InjuriesBoard.ie will commission whatever medical reports are required to confirm the nature and extent of the injury. It will pay the going rates for such medical examination and reports.
30. What is the Book of Quantum?
The Book of Quantum (quantum means AMOUNT) contains a range of compensation amounts for particular injuries that are based on existing levels of compensation awarded by the courts and agreed settlements. The amounts listed cater for pain and suffering which in legal terms is called general damages. In addition, Claimants are likely to be entitled to special damages which cover such things as loss of earnings and medical expenses.
31. Why was the Book of Quantum compiled?
The book contains a guide to the general level of compensation that a Claimant could expect to receive after an injury where someone else was to blame.
The guide has been graded to reflect the severity of the injury sustained, but even within these grades, the actual degree of severity can still vary considerably. The same injury can have very different consequences for different people. Consequently, any assessment we make will always fully recognize how an injury has affected a Claimant personally. The Book of Quantum should encourage negotiated settlements between parties where it is accepted that the injured party is entitled to compensation.
32. How was the Book of Quantum compiled?
The Book was compiled after analysing the general damages paid on settled claims from 2003. The claims came from the
33. Does the Book of Quantum cover medical and other expenses?
The Book of Quantum only deals with compensation for pain and suffering. A Claimant may also be entitled to claim under other headings such as;
34. How will InjuriesBoard.ie use the Book of Quantum?
InjuriesBoard.ie will make compensation assessments in line with current levels of compensation. The Book of Quantum does not represent Board views or that of anyone else. The Assessment Team will use the Book of Quantum as a guide to the amount a Claimant might be entitled to receive. Assessments will not be rigid and the Board will fully consider how an injury has affected a Claimant personally.
35. How do I use the Book of Quantum?
For ease of reference the Book is structured by body part, then by the severity of the injury.
36. What do I do if I cannot find my injuries in the Book of Quantum?
For this first draft of the Book of Quantum it has not been possible to provide categories for every single type of injury. If your injury is not listed in the Book of Quantum this does not mean that you will not be entitled to have your claim assessed by us. InjuriesBoard.ie will usually deal with all injury types.
37. How do I work out the value of my damages if I have multiple injuries?
The evaluation of damages in cases of multiple injuries is driven by the most significant injury suffered. An adjustment to the value of the most significant injury will be made to reflect the additional injuries (you will not arrive at the correct valuation by adding the values of each category of injury together).
38. Do the Claimant and Respondent have to accept an award made by InjuriesBoard.ie?
No. The Claimant and the Respondent both have the right to accept or reject any compensation award we make. If either side rejects the award the Board will give the Claimant an Authorisation to pursue the claim through the Court system if they so wish.
39. How long does the Claimant and Respondent have before deciding to accept or reject the InjuriesBoard.ie award?
The Claimant has 28 days to decide. The Respondent has 21 days to decide. If the decision is to accept the award the Claimant will be required to sign an acceptance form and return it to the Board. If the Claimant fails to respond within that time they will be deemed to have rejected the award. The Respondent must respond in writing to InjuriesBoard.ie within 21 days stating if they accept the award. If the Respondent fails to respond within that time they will be deemed to have accepted the award.
40. Is there a limit to the level of compensation that can be awarded under InjuriesBoard.ie Legislation?
No, there is no limit imposed in the legislation.
41. How can the Claimant be sure that the compensation will be paid?
An award that is accepted, or deemed accepted, by both parties becomes binding. The Board will issue an Order to Pay to the Respondent within one month. This Order has the same effect as an award of court. If the Respondent does not pay on time they may be liable for penalties and interest.
42. Who Pays the Award?
The Respondent pays the Award when they receive the Order to Pay.
43. What happens if the Respondent does not pay?
If the Respondent does not pay, the Order to Pay has the same status as an award of Court and the Claimant can take the Respondent to Court to satisfy any outstanding payment.
44. Are InjuriesBoard.ie awards taxable?
Income Tax does not have to be paid on compensation awards.
45. How long should the InjuriesBoard.ie proceedings take?
InjuriesBoard.ie expects that the process should take no longer than nine months from the date the Respondent agrees to us making the assessment.
46. If the Award is rejected, can the Respondent still claim in Court that they were not liable, or that the injured party was partly liable for the accident?
Yes. The process is conducted on a without prejudice basis. Any written statements made by the Claimant or Respondent while the Board is assessing the compensation claim cannot be used as evidence in subsequent court proceedings related to the case.
47. What is the InjuriesBoard.ie independent Medical Panel for?
If the Board thinks the person responsible may have a valid challenge to the treating doctor's diagnosis or prognosis, then we will base our assessment on the outcome of an examination by a member of the independent medical panel.
48. Who will see this medical report?
InjuriesBoard.ie will send a copy of this report to both Claimant and Respondent.
49. What other information will InjuriesBoard.ie have access to?
The Board has direct access to relevant information from the Revenue Commissioners and the Department of Social & Family Affairs so that we can for example, validate whether or not the Claimant was earning the level of wages they claim to have lost.
50. Will Claimants be able to get their original documentation back?
The Board will return original documents if it refuses to assess a case for compensation because the Claimant will need them if they decide to pursue their claim through the Court.
The Board will not return original documents if it agrees to assess a case for compensation unless the case later goes to Court.
51. Will car damages be included in the award?
If your claim is being assessed by InjuriesBoard.ie any unpaid car damage can be included for assessment as part of your claim.
52. I was a passenger in the car and I am related to the driver. Can I bring a claim against them anyway?
Yes, being related to the driver will not prevent you from bringing a claim.
53. If I only have third party insurance can I claim for personal injury?
The cover you have under your own policy does not affect your right to bring a claim for personal injuries. If you are injured whilst travelling in a vehicle it does not affect your right to bring a claim for personal injuries.
54. What happens if the Claimant wishes to make a claim for personal injury against the driver or owner of an uninsured or stolen vehicle?
The Motor Insurer's Bureau of Ireland (MIBI) provides compensation to innocent victims of uninsured or untraced (hit and run) drivers. If you believe that a Respondent in a motor claim is uninsured, please notify the MIBI. MIBI may be contacted at their website, www.mibi.ie or alternatively by registered post at:
Motor Insurers' Bureau of Ireland, Insurance House, Molesworth Street, Dublin 2.
Tel: + 353 1 6769944
55. What happens if the Claimant wishes to make a claim for personal injury against an untraced vehicle?
The Claimant may bring a claim for injury where the identity of an offending vehicle cannot be established, as the Motor Insurers' Bureau of Ireland (MIBI) provides compensation to innocent victims of untraced (hit and run) vehicles. If this situation arises, please notify the MIBI. MIBI may be contacted at their website, www.mibi.ie or alternatively by registered post at:
Motor Insurers' Bureau of Ireland, Insurance House, Molesworth Street, Dublin 2.
Tel: + 353 1 6769944
56. What happens if the Claimant is involved in an accident with a foreign registered vehicle in Ireland ?
If the Claimant is involved in an accident with a foreign registered vehicle in Ireland they should contact The Motor Insurers' Bureau of Ireland. MIBI may be contacted at their website, www.mibi.ie or alternatively by registered post at:
Motor Insurers' Bureau of Ireland, Insurance House, Molesworth Street, Dublin 2
Tel: + 353 1 6769944
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