The Injuries Board is an independent body which was set up under the Personal Injuries Assessment Board Act 2003. It provides assessment of personal injury compensation for victims of workplace, motor and public liability accidents. It does not assess Personal Injury claims that are the result of medical negligence.
The Injuries Board is the first route that must be followed when seeking compensation for a personal injury. At Lavelle, we have assisted a large number of clients in receiving compensation following a personal injury by taking their case through the Injuries Board system. It is important to be properly advised throughout this process to ensure that the appropriate level of compensation is awarded by the Injuries Board and also to receive professional guidance for any settlement discussions which might take place during the process.
If either party is dissatisfied with the award, or if the Injuries Board deems it appropriate, an authorisation will be given for the claim to be transferred to the Courts.
There is a very short window within which to bring a claim to the Injuries Board, namely 2 years from the date of injury. Notification of the claim has to be made within 6 months of the date of accident, although this can be extended.
REGISTERING THE CLAIM
To register a claim with the Injuries Board, the following documentation must be filed:-
- The Injuries Board’s Form A, correctly completed, signed and dated;
- Cheque in favour of the Injuries Board in the sum of €50.00;
- Copy medical report;
- Authorisation on behalf of the Claimant authorising the Injuries Board to deal with the solicitor directly;
The application must be filed with the Injuries Board by registered post.
If the Statute of Limitations is about to expire in the very near future, the Injuries Board will generally immediately accept a claim submitted by fax, provided Form A is completed and the solicitor provides an undertaking to furnish them with a Medico-legal Report immediately the solicitor receives it.
Once the claim is deemed to have been received and be complete in accordance with Section 50 of the 2003 Act, then time stops immediately, under the Statute of Limitations.
For this reason, it is important not to have any undue delay in obtaining a Medical Report as this prevents the claim being processed. Following registration, the Injuries Board will notify the Respondent, and the Respondent then has ninety days to consent to the Injuries Board assessing the claim.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002