Injuries Resolution Board

The Injuries Resolution Board, previously known as the Personal Injuries Assessment Board (PIAB), is an independent statutory body that deals with personal injury claims. All personal injury claims in Ireland, except for medical negligence claims, must be submitted to the Injuries Resolution Board.

The Injuries Resolution Board provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents.

If the person you hold responsible for your injury (the respondent) does not want the Injuries Resolution Board to assess your claim for compensation, you can take your claim to court.

Most claims are assessed in 9 months from when the respondent agreed for the claim to be assessed by the Injuries Resolution Board.

You should notify the person you are claiming against (the respondent) within one month of the accident. If you don’t do this, it could affect your claim for legal costs if the case goes to court.

You can submit your personal injury compensation claim:

• On the Injuries Resolution Board website using the online application form
• By emailing an application form (pdf) to post@injuries.ie
• By posting an application form to P.O. BOX 8, Clonakilty, Cork, Ireland, P85 YH98

Completing the application form

You must complete an Injuries Resolution Board Application Form (pdf) to make a claim by post or email.

For the Injuries Resolution Board to proceed with your claim, your application must include:

• Your full name, date of birth and home address
• Your contact number, if you have one (if you do not have one, you can state this on the form)
• Your Personal Public Service (PPS) number, or, if you were never issued a PPS number, a copy of a valid ID, such as a driver’s license, passport, national ID card, or other proof of your right to reside in Ireland
• Whether you are making a road traffic, workplace or public liability claim
• Details of the accident or incident (the date and time it occurred, and how and where it happened)
• A description of your injuries and how they affected you
• A medical report completed by your treating doctor
• Name and address for the respondent
• Whether you consent to the claim being dealt with by mediation (employer liability claims only, see ‘Resolving a claim through mediation’ below)
• Payment (see ‘Fees for Injuries Resolution Board’ below)

You should also provide any other documents that support your claim, such as copies of receipts for any losses or expenses you suffered because of the accident.

You can read the Injuries Resolution Board’s Guidance Notes (pdf) for further information on how to complete the application form. You can also read the Injuries Resolution Board’s Guidance on Medical Reports (pdf).

Making a claim on behalf of someone else

You can make a claim on behalf of someone else if they:

• Are under 18
• Are of unsound mind
• Were fatally injured in the accident or incident

You will need to provide your own details and details of your relationship with the person you are claiming on behalf of.

You must use a Fatal Accident Application Form (pdf) when claiming for someone who was fatally injured.

Do I need a solicitor to make a claim?

You don’t need to use a solicitor to make a claim, but you can use one if you want to. You will need to provide their details in the application form.

Offences

It is an offence to give false information in your application. The Injuries Resolution Board can disclose this information to the Gardaí.

You can find more information about making a claim on the Injuries Resolution Board’s website.

When assessing claims and the damages which may be due to you, the Injuries Resolution Board considers:

• The medical report from your doctor
• A report from an independent doctor appointed by the Injuries Resolution Board, if necessary
• The injuries you sustained and your circumstances

The Injuries Resolution Board is not required to assess certain claims and, in those cases, it will grant you an authorisation to bring legal proceedings. The Injuries Resolution Board previously did not make assessments in claims for psychological injuries, but it now does.

You can read the Injuries Resolution Board’s FAQs about making a personal injury claim.

Time limits for making an application

Under the Civil Liabilities and Courts Act 2004, the time limit for claims for compensation is 2 years from the date of the accident.

It is very important that you notify the person you hold responsible for your injury (the respondent) within one month of the accident. You should notify them in writing (by registered post) detailing what they have done. This gives the person, company or organisation a chance to investigate your claim.

If you do not inform the other person, it may affect your case later if you go to court, and you may not be able to recover your costs.

Respondent disagrees with Injuries Resolution Board assessing case

When the Injuries Resolution Board receives your claim, it will give you an application number. It will then inform the respondent about your claim. The respondent has 90 days to agree to let the Injuries Resolution Board assess your claim.

If the respondent agrees to this, they must pay a fee (see ‘Fees for Injuries Resolution Board’ below).

If the respondent does not agree to this, the Injuries Resolution Board will issue you with an Authorisation. This is a legal document that allows you to take your claim through the courts if you wish.

Motor accident with uninsured or unknown driver

If your claim is against a driver who was not insured, or who left the scene without giving their details, you should contact the Motor Insurers Bureau of Ireland (MIBI) before you make your claim to the Injuries Resolution Board.

You can read more about making a claim and responding to a claim on the Injuries Resolution Board’s website.

The Injuries Resolution Board offers a free mediation service for workplace injury and public liability claims. Mediation services will include road traffic claims later in 2024.

A mediator is an impartial, trained professional who will work with you and the respondent to try find an agreement that both parties accept. Mediation is free of charge and voluntary. You can leave the process at any time.

You can read more about mediation at the Injuries Resolution Board.

How to apply for mediation

You can consent to mediation on the application form. If both you and the respondent consent to mediation, your claim will be assigned to a mediator. This happens at the start of the process.

What happens after mediation?

If you come to an agreement, the mediator will give you and the respondent a written agreement to sign, followed by a 10-day cooling off period. If both parties are still happy after the 10-day period, the Injuries Resolution Board will issue a legally binding Order to Pay (see 'Compensation amounts' below).

If no agreement is reached, you can have your claim assessed by the Board if the respondent consents. If they don’t consent to the assessment, you can take the case to court (see 'Taking a case to court' below).

Confidentiality of mediation

All information shared during the mediation process is confidential. This means it cannot be shared during a later assessment or in any court proceedings, even if no agreement is reached.

The guideline amounts for compensation for particular injuries are set out in the Injuries Guidelines (pdf). The Injuries Resolution Board can depart from the Injuries Guidelines but must explain its reasons for doing so.

Accepting or rejecting the compensation award

You and the respondent will both receive a Notice of Assessment which sets out the compensation the Injuries Resolution Board has assessed for the injury.

Claimant accepts or rejects the award

When the Injuries Resolution Board makes its assessment, you have 28 days to decide whether to accept or reject the award.

If you accept it, you must acknowledge this in writing to the Injuries Resolution Board.

If you do not reply within 28 days, it is taken that you have rejected the assessment.

Respondent accepts or rejects the assessment

The respondent has 21 days to accept or reject the assessment.

If the respondent does not reply within this time limit, it is taken that they have accepted the assessment.

Both parties accept the assessment

If both parties accept the assessment, the Injuries Resolution Board will issue an Order to Pay to the respondent. This means that the respondent will pay you the amount awarded to settle the claim.

Either party rejects the assessment

If either you or the respondent rejects the assessment, the Injuries Resolution Board will issue you with an Authorisation allowing you to take your claim to court.

If the court awards you a lower amount than the Injuries Resolution Board did, you will generally have to pay the respondent’s legal costs as well as your own (see ‘Taking a case to court’ below).

Social welfare recovery

Under the Recovery of Certain Benefits and Assistance Scheme, the Department of Social Protection can recover the value of certain illness-related social welfare payments from compensation awards. The benefits are recovered from the compensator and not from the injured person.

You can take your case to court if:

• The respondent does not agree with the Injuries Resolution Board assessing the claim
• The respondent does not agree with the amount of compensation
• You do not agree with the amount of compensation
• The respondent fails to pay the agreed amount of compensation

The Injuries Resolution Board gives you an Authorisation to take a case to court. You should get legal advice before taking a case to court.

Legal costs

In civil cases, the court usually awards costs to the person who wins the case. This means that if your case is successful, the court will order the respondent to pay your legal fees. There are some exceptions to this in personal injuries cases.

Even if you win, you will usually still pay the respondent’s costs if:

• You went to court because you did not agree with the amount of compensation that the Board awarded, and
• The respondent did agree with the amount, and
• The court awards less than that amount

You may also be ordered to pay costs if you didn’t comply with requests from the Injuries Resolution Board.

For example, if you did not:

• Provide information that the Injuries Resolution Board requested, or
• Attend a medical examination arranged by the Board

If you did not inform the respondent of your intention to take a personal injuries case within one month of the accident, this could also affect your claim for legal costs.

The fee to make an application to the Injuries Resolution Board for personal injury compensation is:

• €45 for applications submitted using the online application form
• €90 for claim forms submitted by post or email

If a claim has been made against you and you agree to allow the Board to assess it, you must pay a fee of €1,050.

How to pay

If you are submitting the claim through the online application form, you can pay by debit or credit card.

If you are submitting the claim by post or email, you can pay by:

• Cheque
• Postal order
• Electronic funds transfer (Injuries Resolution Board will provide IBAN/BIC account details upon request)

You can read more about how to make a claim in the Injuries Resolution Board’s Claimant Guide (pdf).

If you have any further queries about making a claim to the Injuries Resolution Board or about the application process, contact the Injuries Resolution Board: