Injuries Resolution Board (PIAB) – What you need to know

Processing Applications for the Injuries Resolution Board

Since the coming into force of the PIAB Act 2003 (Now known as Injuries Resolution Board), Personal Injury Claims, with some exceptions, must be assessed by the board, before any Court Proceedings can be issued. In order for our firm to put your claim through Injuries Resolution Board (PIAB) we must first take up a medical report from your treating doctor. This report will outline all of the injuries sustained by you as a result of your accident. Once we have received the report from your doctor we will send a copy of it to you along with a Form A. The Form A is the application form which must be completed and signed by you in order to make an application.

If you have decided to make an application to the Board yourself, without using the services of a solicitor, we will be happy to arrange a consultation with you to look at the paperwork and advise as to whether or not we believe that the Board has made a fair assessment of your claim. Please do not hesitate to contact our dedicated and experienced team of solicitors who will be more than happy to talk you through the whole process and answer any questions that you may have. Tel: 01 453 7890 Email info@lawline.ie.

The Injuries Resolution Board Claims Process – What you need to know

• Injuries Resolution Board does not provide legal advice
• Injuries Resolution Board does not pay legal fees
• Injuries Resolution Board does not deal with issues surrounding liability. PIAB is not concerned with who is to blame.
• The only function of the Injuries Resolution Board is to put a value on your claim.
• Consenting to assessments and accepting assessments are purely economic decisions made by respondents and their insurers. It is in no way an admission of responsibility.
• There are legal ramifications if both parties don’t accept the assessment.
• If the board is going ahead with an assessment, it has 9 months from the date of the decision to make an assessment within which to make it.
• The Injuries Resolution Board get all claimants to be assessed by an independent doctor in order to take up a medical legal report.
• The claimant is given 28 days to decide whether or not they wish to accept an award. The respondent is given 21 days within which to make the same decision.

Injuries Resolution Board Applications & Assessments – The Process – Step by Step

When your application is received by the Board they will issue a letter called a ‘Section 50 Letter’. This letter confirms that the Board has received your application. Once this letter is issued, the Statute of Limitations stops running against you. Under the Statute of Limitations a claimant has two years from the accident date within which to bring a claim for compensation. Once the two year term has expired the claim becomes statute barred, meaning the claimant is no longer able to claim compensation for the injuries sustained. The application must be received by the Board before the expiration of the two year time period. The Statute then stops running while the claim is being assessed by the Board. If the claim does not settle at the Injuries Board stage, and the claimant is issued with an Authorisation by the Board, the claimant is given a further six months within which to issue proceedings. Steps taken by the board typically follow in this order…

1. Injuries Resolution Board contacts the respondent: The first step taken by the Board is to contact the respondent (the person/company you are suing) and ask them whether or not they will allow the Board to make an assessment (offer money to the claimant).
2. The respondent responds: The respondent is given 90 days within which to respond. If the respondent does not agree to an assessment then the Board will issue what is known as an Authorisation, allowing the claimant to issue court proceedings.
3. Schedule of Special Damages Form: If the respondent agrees to the Board making an assessment, the Board will notify us in writing that they will be proceeding with an assessment and provide a ‘Schedule of Special Damages Form’ and ‘Loss of Earnings Certificate’ which should be completed by the claimant. The Schedule of Special Damages outlines the claimants out of pocket expenses e.g. medical expenses, traveling expenses, car damage, or any other expense incurred by the claimant as a result of their accident.
4. The Certificate of Loss of Earnings needs to be completed by the claimant’s employer; this will only be necessary if the claimant was out of work due to the accident and was not paid while out of work.
5. 9 months for Assessment: If the Board is going ahead with an assessment, it has 9 months from the date of the decision to make an assessment within which to make it.
6. Claimant Assessment: The next step for the Board will be to have the claimant assessed by an independent doctor in order to take up a medical legal report.
7. Medical Report: Once the Board is in receipt of the completed Schedule of Special Damages, Certificate of Loss of Earnings (if appropriate) and the medical report, they will proceed to make an assessment.
8. 28 Days to Accept Award: We, the acting solicitor will be notified in writing of the award being made by the Board. The claimant is given 28 days to decide whether or not they wish to accept the award. The respondent is given 21 days within which to make the same decision.
9. Order to Pay: If both parties accept the assessment then an ‘Order to Pay’ will issue and the claimant’s cheque is usually requisitioned within 6 weeks.
10. Board issues Authorisation: If one or both parties reject the assessment, the Board will issue an Authorisation, allowing the claimant to issue court proceedings. Just because court proceedings are issued does not mean that the claimant/plaintiff will end up in court. If we do end up issuing proceedings on your behalf, in the majority of cases the claim settles before going to trial.