Q: I have suffered a workplace injury, what is the procedure for making a claim for personal injury through the Injuries Board?
A: Since 2003, all personal injuries (excluding medical negligence) must firstly be assessed by the Injuries Board, formerly known as the Personal Injuries Assessment Board (PIAB).
The Injuries Board provides an assessment of personal injury claims for compensation following workplace accidents.
The time limit for making a claim is two years from the date of the accident. Claims are normally assessed within seven months of the Injuries Board bringing the claim.
To make an application, you must submit the following documents by post or online to the Injuries Board:
- Your completed application form;
- Medical Assessment form completed by your treating doctor;
- Payment of €45;
- Receipts for any financial loss you may have suffered as a result of the accident, including loss of earnings.
After the Injuries Board receives your application, it will issue an acknowledgement together with an application number. It will then inform your employer or whoever is responsible for your injury (the respondent) about your claim. The respondent must consent to the board assessing your claim within 90 days. If the respondent agrees to the assessment by the Injuries Board, they must pay an application fee of €1,050.
If the respondent refuses to acknowledge the injury or the board’s assessment, then the matter can be brought to the courts with authorisation from the board.
When the matter proceeds, the board makes its assessment. Claims are assessed using the medical evidence provided in your medical report and, if deemed necessary, a second report provided by an independent doctor appointed by the Injuries Board. The board will also have regard to your circumstances and the particular injuries suffered. It will follow guidelines set out in the Book of Quantum, which is a general guide as to the amounts that may be awarded or assessed in respect of specified types of injury. The Book of Quantum can be viewed online on the Injuries Board website.
When you are notified of the board’s award, you will have 28 days to decide whether to accept or reject the award. If you accept it, you must do so in writing within 28 days. If you don’t reply within 28 days, it is deemed that you have rejected the award.
The respondent has 21 days to accept or reject the award. If the respondent does not reply within this time limit, it will be deemed they have accepted the award.
If either you or the respondent rejects the award, the board will issue you with an authorisation allowing you to take your claim to the courts.
This article is for information purposes only and does not constitute specific legal advice, which should be obtained at all times. For more information, contact Eamon Concannon of Concannon Solicitors on 091-744 567 (after office hours on 086- 3297221) or e-mail concannonsolicitors@gmail.com with any queries.
