The injurious board was established in 2004 by the government under an act which provides that all claims involving an injury must be submitted to the board for assessment.
The assessment is made on the basis of documents sent by us to the board. The documents will include at least one medical report and a statement of your out of pocket expenses.
There is no obligation on the negligent party to engage in the assessment process and the assessment itself is not binding on either party.
If either party rejects the assessment the case proceeds in the normal way leading to a settlement after negotiation or a hearing in court if it has not been possible to settle the case.
What they do
They assess the amount of compensation due to an injured party. They deliver compensation without the legal costs and experts fees that add more than 46% on average to the cost of a claim.
They reduce the amount of time it takes to finalise a compensation claim. Under the court system it can take approximately three years to settle a claim. It generally takes nine months to settle a personal injury claim via InjuriesBoard.ie.
The InjuriesBoard Application
An application can be made to InjuriesBoard in accordance with Section 46 of the InjuriesBoard Act. The application is made by way of a Form A, which is available to download from the InjuriesBoard website. The form must be returned to InjuriesBoard with a fee of €50.00 imposed on the Claimant by InjuriesBoard . The Application Form must be accompanied by a Letter of Claim (as specified under Section 8 of the 2004 Act); copies of correspondence relating to the claim; a medical report; and any documentation which InjuriesBoard considers relevant.
The official date of the making of an application under Section 11 of the InjuriesBoard Act (which is the date on which the clock stops for the Statute of Limitations) is the date on which the fully completed Form A and the information required by InjuriesBoard under Section 11 of the Act, is acknowledged in writing as having been received by InjuriesBoard.
The InjuriesBoard Process
Once InjuriesBoard acknowledges receipt of Form A and the accompanying documentation, PIAB will notify the Respondent. The Respondent has ninety days from the issue of a formal Section 13 Notice of Application to respond to InjuriesBoard in writing, stating that it does not consent to an assessment being made. It will cost a Respondent €850.00 to participate in the InjuriesBoard process. If the Respondent does not respond in writing to the notice within ninety days, PIAB will proceed with the assessment as if the Respondent had consented. It is important to note that under Section 16 of the InjuriesBoard Act, a Respondent consenting to assessment, or failing to reply to the notification of assessment from InjuriesBoard , does not constitute an admission of liability and cannot be used in evidence in a court case.
If the Respondent agrees to an assessment by InjuriesBoard , InjuriesBoard will assess compensation to be paid to the Claimant for pain and suffering in accordance with the Book of Quantum. There is no oral hearing. The Book of Quantum contains a guideline of injuries and their related values.
InjuriesBoard must make the assessment within a period of nine months, which can be extended to fifteen months, and the Claimant and the Respondent are informed of the amount of the assessment after the expiration of that time.