FAQs

• For claims applications made using paper or email, the fee is 90 euro. The fee for applications using the online form is 45 euro. 
• Details of all forms both paper and online are available here
• Your treating doctor is required to complete a report and you will be charged a fee by them.

• The application fee and the reasonable cost of the completion of the form by your treating doctor will be considered as part of your final award.

The timeline for assessment of a claim by us, in most cases, is 9 months. This is from the time we receive consent from the person or organisation the claim is against (the Respondent). In contrast, the litigation or courts process can take more than 4 years, according to Central Bank research.   

- Online at www.piab.ie - Start an online claim application.

- By post to Injuries Resolution Board, PO Box 8, Clonakilty, Co. Cork, P85 YH98

Details of fees and online or other options are available here.

The online application form option is available if you are applying as the claimant.  

Please note:  As a claimant you are required to write to the person/s or organisation you are claiming against within one month of the accident, telling them that you intend to make a claim.

If you do not do that, then if you go to Court in relation to this claim in the future, the Court could take that into account, and that may affect your entitlement to recover legal costs.

Yes, you can apply directly to us. 

Clear details of how to apply to make a claim are here.

If you decide to appoint any third party to submit your claim papers, you will typically incur a professional fee charged by them.

Yes, but you’ll need to be represented by a “next friend” who will make the claim on your behalf – this is usually a parent or guardian who will help you.

The application can be made online using our online channels – you can also send us your application form by post along with the processing fee and a medical report from your treating doctor. The Injuries Resolution Board  will assess your claim in the normal way. As a minor, your Board award will also be subject to Court approval.  Details of the claim process are here.

Yes, but you should contact the Motor Insurers Bureau of Ireland (MIBI) first. MIBI can provide information on the insurance status of any vehicle and that will assist you to submit your claim to the Injuries Resolution Board.

You should name the person(s), entity or entities that you believe are responsible for your injuries. There is no limit to the number of respondents you wish to name. If you require further assistance please contact us and a member of our staff will be happy to help you.

If the respondent does not agree, you will be formally authorised by the Injuries Resolution Board to pursue your claim through the Courts if you wish to do so.  A document called an authorisation is required and that is issued by the Injuries Resolution Board.

General Damages are compensation for pain and suffering resulting from injuries which you sustained in your accident.

Special Damages are any expenses that you have incurred as a result of an accident. Special Damages may include loss of earnings, medical expenses, out of pocket expenses and vehicle damage costs. In serious cases there may also be future loss of earnings, future expenses etc. 

Yes. Vehicle damage and any other agreed Special Damages may be settled at any stage with the respondent without impacting on your Personal Injury claim.

If both parties accept the assessment, the Injuries Resolution Board issues an ‘Order to Pay’. This has similar status as a Court award. A settlement cheque will be issued by the respondent/insurer.

If the assessment is rejected by either party, the Injuries Resolution Board issues an ‘Authorisation’, which allows the claimant to pursue compensation through the Courts system if they so wish.

Your compensation will be paid by the person or entity that you make the claim against (Respondent). It is usually the respondent’s insurance company who makes this payment.

In general, no. However, income derived from investment of compensation may be taxable.  Contact the Office on the Revenue Commissioners for more information.

Yes. If your claim relates to a fatal accident you should not submit your claim online. Instead please contact the Injuries Resolution Board on 0818 829 121 for further assistance.

From August 1st 2014, The Social Welfare and Pensions Act 2013 obliges a respondent or their insurer  on settlement of a non-fatal personal injury claim to reimburse the Minister for Social Protection certain welfare payments made to a claimant as a result of their inability to work following an accident. These are known as ‘Recoverable Benefits’.  

As a claimant the Notice of Assessment will set out the amount due to you on acceptance of the award and the amount due to the Minister for Social Protection. The amount due to the Minister is payable by the Respondent (the person or organisation the claim is against) if the award is accepted by the parties.  The amount will be the welfare benefits (if any) you have already received when out of work due to the accident. Further information on “Recoverable Benefits” may be obtained from:

Recovery of Benefits and Assistance Section,
P.O. Box 12515,
Dublin 1.

Telephone: (01) 8172660

or at www.welfare.ie

Under the legislation which established the Injuries Resolution Board , medical negligence claims are not included in the accidents we can assess.  If you have any doubts, please submit a claim application to us. The Personal Injuries Assessment Board Act 2003, as amended, excludes claims “arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person”. 

The Irish College of General Practitioners (ICGP) has supplied the following general advice for someone who has suffered an injury and is recovering. It relates to the more common injuries.  It does not substitute for medical attention and if you have any concerns about an injury, or if you have a serious injury, you should follow advice from your doctor. 

PIAB and the ICGP wish you the very best in your recovery.

After any injury, monitor how you feel and seek medical attention if needed. It is important to follow whatever medical advice you are given – in some cases rest is advised, but in many cases it is advised to keep mobile.

Following the doctor’s advice you receive could reduce periods of pain or long-term damage. Maintaining a positive attitude and keeping up social relationships can also help recovery. Most people who suffer an injury recover fully and are able to enjoy their previous lifestyle, hobbies and work they previously were involved in.

When the three months expires, the respondent is deemed to have consented to the Injuries Resolution Board assessing the claim.  In most cases, we would proceed on that basis and begin the assessment process. This involves requesting details of out of pocket expenses relating to the injury etc., and arranging for a medical examination of the claimant.

We do, however, reserve the right not to assess the claim where the charge for doing so is not paid by the respondent. Each claim is considered on a case-by-case basis to decide whether or not it will be assessed and we will inform the Claimant and Respondent of our decision as soon as possible.

If someone has made a claim against you through the Injuries Resolution Board, you will receive a ‘Notice of Claim.’ This is simply a notification to you that someone is claiming against you. We recommend you notify your insurance company once you receive a Notice of Claim. The insurance company deal with the Injuries Resolution Board on your behalf.

You, or your insurance company, have 90 days from the Formal Notice issue date to respond and let us know whether or not you agree to the Injuries Resolution Board assessing the claim. the Injuries Resolution Board must receive your response in writing within that 90 days. View the Contact page for our address and for information on who to call if you are unsure about how you should proceed.

If you don’t agree to an assessment, the claimant will be issued with an ‘Authorisation’, which means that they can pursue their case against you through the Court system. Upon receipt of a Notice of Claim you must respond to the Injuries Resolution Board in writing within 90 days and the Injuries Resolution Board must receive that within the 90 day period indicating that you do not agree to us assessing a claim against you.

From August 1st 2014, The Social Welfare and Pensions Act 2013 obliges a Respondent (the person or organisation the claim is against) or their insurer on settlement of a non-fatal personal injury claim to reimburse the Minister for Social Protection certain welfare payments made to a claimant as a result of their inability to work following an accident. These are known as ‘Recoverable Benefits’. As a Respondent, the Notice of Assessment will set out the amount due to the claimant on acceptance of the award and the amount due to the Minister for Social Protection, if an award is accepted by the parties. Further information on “Recoverable Benefits” may be obtained from:

Recovery of Benefits and Assistance Section,
P.O. Box 12515,
Dublin 1.

Telephone: (01) 8172660

or at www.welfare.ie

The Injuries Resolution Board  is a self-funded agency that relies on the fees from claimants and respondents to fund its operations and the valuable services that we provide.

The fee payable by respondents (those a claim is made against) in order for the assessment of a claim by the Injuries Resolution Board to take place is €1,050.  

The Injuries Resolution Board's fees are extremely low in comparison with the costs associated with litigation.  Typically, the Injuries Resolution Board's costs for processing claims are about 5% of the costs involved if claims go to litigation.

• To initiate a claim, the Injuries Resolution Board requires Claimants to ask their treating doctor to complete the Injuries Resolution Board Medical Assessment Form.
• Please note no new medical examination is required and you can complete the report from your medical records if you so wish.
• This report is used by the Injuries Resolution Board to form an initial view of the injuries suffered by the Claimant and also in the assessment of the claim. The Board will where required arrange a follow up medical examination/s, by a member/s of its panel of independent medical examiners.
• Reasonable charges levied on the claimant for completing the form will form part of the assessment of the claim by the Injuries Resolution Board . The patient should pay for the completion of the form, and seek to recoup the cost through the final assessment.

Medical practitioners completing personal injury medical reports for the purposes of the Injuries Resolution Board's processes are advocating for the medical facts of the case.

Yes. If you receive a consultation request from an independent examining doctor the Injuries Resolution Board will undertake to pay a reasonable consultation fee when requested.

A final prognosis regarding a claimant’s injuries is critically important to the Injuries Resolution Board's assessment procedures and should be provided where possible. Where a final prognosis is not possible the reasons should be provided in the context of for example further specialist examination, time for recovery, further treatment etc. in order that the Injuries Resolution Board can consider how to proceed.

Medical practitioners should complete the Whiplash Associated Disorder (WAD) scale. Claimants should complete the Neck Disability Index (NDI) scale and Visual Analogue Scale for pain.

The Whiplash Associated Disorder (WAD) and Neck Disability Index (NDI) scales relate to neck injuries only. The Visual Analogue Scale (VAS) for pain can be used at the discretion of medical practitioners for any / all injuries. The Whiplash Associated Disorder (WAD), Neck Disability Index (NDI) and Visual Analogue Scale (VAS) for pain scales should be completed with reference to the position at the time of the medical examination i.e. not in terms of a claimant’s injuries as they e.g. first presented.

Medical Practitioners have recommended to the Injuries Resolution Board that claimants complete the Neck Disability Index (NDI) and Visual Analogue Scale (VAS) for pain after their physical examination e.g. in the waiting room afterwards. The completed information can then be interpreted by medical practitioners when finalising the relevant medical report.

Unless there is some specific reason for not doing so the fully completed Neck Disability Index (NDI) should be included with the medical report being submitted.

If training in the area of report completion and / or soft-tissue injuries is required medical practitioners should in the first instance approach their own medical professional / training bodies. The Injuries Resolution Board is working with medical professional / training bodies to assist with any appropriate training programmes they consider necessary. The Injuries Resolution Board continues to monitor matters in this area and will communicate on any relevant developments. If you have a specific factual query, please do contact us.

Medical practitioners should request of claimant medical examination attendees completion and signing of any forms required e.g. the Neck Disability Index (NDI) and Visual Analogue Scale (VAS). Any such signed documents may be used in the preparation and completion of relevant medical reports by medical practitioners. Such medical reports prepared for the purposes of the Injuries Resolution Board’s processes can be shared with e.g. Respondents and their insurers. Medical practitioners as is the case with any expert witness can be subpoenaed to give evidence in court however this only happens very infrequently.

ICD10 is the World Health Organisation system and it has designations for all injuries;

https://www.who.int/classifications/icd/icdonlineversions/en/

Medical practitioners should record first and foremost the ICD10 code relating to the most dominant of the claimant’s injuries. Other / multiple ICD10 codes can be input thereafter.

Yes, claimants do not need to have an ongoing injury in order to be successful with a compensation claim.

Medical practitioners should provide every explanation and assistance possible to claimants with literacy issues. In the absence of full understanding by a claimant of the medical examination or an inability to complete or sign required documentation as part of that examination this should be stated by the examining medical practitioner in the relevant medical report.

Minor claimants are represented when bringing a personal injury claim by a next friend (NF) usually a parent or guardian who will accompany the minor claimant to their Injuries Resolution Board medical examination. The Irish Medical Council (IMC) Guide to Professional Conduct and Ethics are relevant and apply to all personal injury claim medical examinations.

The accompanying adult / parent / guardian or both the accompanying adult / parent / guardian and the minor claimant if feasible should complete and sign the Neck Disability Index (NDI) and Visual Analogue Scale (VAS).

The Personal Injury Commission (PIC) in its first report, proposed the adoption of a standardised approach to the examination and reporting of these injuries. Whiplash Associated Disorder (WAD) grading, the Neck Disability Index (NDI) and a Visual Analogue Scale (VAS) for pain were recommended by the PIC for use and inclusion in every soft-tissue (‘whiplash’) examination and medical report. The approach aims to bring more consistency to the examination, medical reporting and diagnosis of soft-tissue injuries. The PIC’s recommendation was unanimously agreed by its members which included medical, legal and insurance company representatives. When all of these stakeholders adopt the same template, reports for the same injuries but prepared after examinations at different times will allow for comparative analysis of the injuries over time.

Further versions and improvements to  the Injuries Resolution Board Medical Assessment Form are expected. The Injuries Resolution Board will communicate with medical practitioners on developments. Medical practitioners should contact their medical software providers in terms of having the Form integrated into their software applications. In some software applications the ‘reply attachments’ functionality can assist with integrating, e.g. the separately completed Neck Disability Index (NDI), into the body of the main medical report.

It is preferable that such requests should be referred to the Injuries Resolution Board in the first instance. Data protection considerations will apply.

The reasonable cost of physiotherapy treatment required as a result of the injuries which are the subject of the claim is recoverable as part of the claimants Special damages.

Yes.

Yes.

The Injuries Resolution Board Solicitors Portal is a secure, web-based platform where authorised users can access information in relation to their client’s claims and correspond with PIAB.

The benefits to using the portal are:

• Access to real time information in relation to claims.

• The facility to monitor the progress of claim applications.

• Automated acknowledgement of the statute stopped date on submission of an application. (This is only available to users who submit claims via the portal).

• Ability to speedily and easily upload/download documents significantly reducing postage costs.

• Ready access to information to convey to clients.

• Reduced paper/storage and admin costs.

• Visibility of assessment details prior to receipt by clients.

• Payment on account options.

• Fee of €45 for applications using Solicitors Portal. 

On the login page click “Register”. You will be brought to the Register Firm Account page.

The administrator of this solicitor’s firm account should complete this page. The role of the administrator is to register and create the office account. If the administrator needs to add/remove additional users or update office contact details please contact the Injuries Resolution Board at solicitorportal@injuries.ie. This individual will be the main point of contact with the Injuries Resolution Board .

Once you have read and accepted the terms and conditions for use of the portal please click on “Register”. Then click after reading to accept the Terms and Conditions. At this point you will have successfully applied to use the Portal.

The Injuries Resolution Board  Portal admin review each application and if appropriate will approve your firm for use of the Injuries Resolution Board portal.

You will receive an email notification of this (as will each individually added user). In this email you will be asked to create a password.

Once you and all registered users have created their individual passwords the portal is then available for use.

Log on to the portal using the email address and password. The screen which appears after you log in will display all claims that you have submitted to the Injuries Resolution Board via the Solicitors Portal. Claims submitted via any other method cannot appear on the portal.

To add new claims please click on the “Add new claim” tab on the bottom right hand corner of this screen. You will now be taken to an online application form. Once you have submitted an application it will appear with the other claims submitted by your firm (see the following screen).

Each claimant’s name, your reference and the Injuries Resolution Board reference are displayed on this page together with details of the handling solicitor, the date it was submitted to the Injuries Resolution Board and the Claimant’s date of birth. Click on an individual claimant link to see the claim milestones and access files regarding this claimant.

If you administrator needs information, they should contact the Injuries Resolution Board at solicitorportal@injuries.ie.

The latest Personal Injuries Assessment Board Rules 2019 are contained in SI 140 of 2019

Main Benefits of Mediation

• Quick – resolution in less than 3 months.
• Allows you talk about the issues.
• Confidential.
• Voluntary – all those involved agree to mediate.
• Doesn’t affect legal rights if no agreement is reached.
• Independent and impartial
• The parties’ control whether there’s an agreement or not, but never have to
  speak directly to each other thereby reducing stress.
• Agreements are legally binding.
• Issues to be mediated can be broader than via our assessment service.