FAQs

Frequently Asked Questions for Claimants

  • For claims applications made using paper or email, the fee until September 1, 2019 is a 45 euro.   This is for applications which do not use the online form. 
  • This will be increasing to a 90 euro fee for applications not using the online form from September 1, 2019.  The fee for applications using the online form will however remain at 45 euro. 
  • Details of all forms both paper and online are available here
  • Your treating doctor is required to complete a report from your medical records and you will be typically charged a fee.
  • Refunds: The application fee and the reasonable cost of the completion of the form by your treating doctor will form part of your final award.

It takes an average of seven months from the date the person or entity that you are making the claim against (Respondent) agrees to the PIAB process.

1. Online at www.piab.ie - start a new claim

2. By telephone to our Service Centre - LoCall 1890 829 121 between 8am and 6pm Monday to Friday

3. By post to PIAB, PO Box 8, Clonakilty, Co. Cork, P85 YH98

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

Option 1 is only available if you are applying as the claimant. If applying through an intermediary you should use Option 2 or 3. We are currently in the process of developing on-line solutions for intermediaries.

Please note:  We need to let you know that as a claimant you are generally 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. This is an administrative process and you can apply directly. If you decide to appoint any third party to submit your claim papers, you will typically incur a professional fee. Your medical report, wages, vouched receipts form the basis of your award administered by the Board's statutorily appointed assessors.  Details of how to apply to make a claim are here.

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.

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. PIAB  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 PIAB. For further information relating to accidents involving unidentified and uninsured vehicles please see the guide on accidents involving uninsured/unidentified vehicles in the Forms & Guidelines section.

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 Board to pursue your claim through the Courts. Board authorisation is required.

The Book of Quantum is a general guide to the amounts that may be awarded. Legislation requires PIAB to have regard to the Book of Quantum when assessing claim values.

General Damages cover 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. The Board will guide/assist you in this event.

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.

The PIAB assessment will reflect Book of Quantum values. PIAB assessments are in line with Court Awards. As a claimant, you have the option of accepting or rejecting an early settlement offer. If you agree to an early settlement the matter is resolved directly between you and the Respondent (the person against whom you are making a claim) or more often, their insurance company. Before agreeing to a settlement we recommend you consider whether the full impact of your injury is known at that time i.e. is a prognosis available? If not you can proceed with a formal Application to the Board.

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

If the assessment is rejected by either party, PIAB 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 Revenue Commissioners for more information.

Yes. If your claim relates to a fatal accident you should not submit your claim online. Instead please contact PIAB on 1890 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 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 Injuries Board, medical negligence claims are not included in the accidents which may be submitted  to us for assessment.  Section 3(d) of the Personal Injuries Assessment Board Act 2003 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. The Injuries Board 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.

In this case, your doctor or physiotherapist may recommend measures called RICE (Rest, Ice, Compression, and Elevation).  If your symptoms worsen or if you have any concerns whatsoever you should of course consult with your doctor.

The majority of injuries to people travelling in vehicles (for example, such as rear-end motor vehicle collisions) are soft tissue in nature.  These are in many cases injuries that heal over time, although in some cases they may be more serious. Pain and stiffness in your neck or back after an accident may take several hours before it manifests. You may feel pain or stiffness in your shoulders. Symptoms often improve within a few days and most people make a full recovery within a few weeks.  If you ask your doctor, they may advise you about how to maintain your normal activities to speed up your recovery. Naturally, take your doctor’s advice on this.

You should avoid long periods of sitting and maintain correct posture when sitting or standing, making sure that you are not bent or slouched over. If you are advised by your doctor to do so, you should consider gentle exercise as you are able and increasing your range of movements. Physiotherapy may be helpful, if your doctor recommends it.  If your symptoms worsen or if you have any concerns whatsoever you should consult with your doctor.

When the three months expires, the respondent is deemed to have consented to PIAB 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.

Frequently Asked Questions for Respondents

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

For more information, download our guide for respondents.

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 PIAB assessing the claim. PIAB must receive your response in writing. 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 Formal Notice of claim you must respond to PIAB in writing within 90 days 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 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. 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

Frequently Asked Questions for Medical Practitioners

(All figures are approximations) While there are estimated to be more than 50,000 personal injury claims made annually in Ireland the actual number is unknown.

  • A proportion of all these claims (50,000) are either settled directly or not pursued. The rest 33,500, enter the PIAB process.
  • Of the 33,500 claims entering the PIAB process 7,500 are not consented to, 6,000 are released and 1,500 are not pursued. The balance of 18,500 are deemed suitable for assessment by PIAB.
  • Of the 18,500 claims deemed suitable for assessment 6,000 are settled outside of the PIAB process, released as not ultimately appropriate for assessment or not pursued further. The balance of 12,500 cases are assessed by PIAB each year.
  • Of the 12,500 cases assessed 7,000 are accepted and settled each year. 5,500 cases are rejected.
  • An estimated 1,800 cases are settled through the courts annually.
  • To initiate a claim, PIAB requires Claimants to ask their treating doctor to complete the PIAB 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 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 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 PIAB’s processes are advocating for the medical facts of the case.

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

Medical representative bodies do not currently require the production of photographic identification and this is a matter for individual practitioners. PIAB continues to monitor the position on this matter.

A final prognosis regarding a claimant’s injuries is critically important to PIAB’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 PIAB 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 PIAB 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. PIAB is working with medical professional / training bodies to assist with any appropriate training programmes they consider necessary. PIAB 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 PIAB’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 PIAB 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 PIAB Medical Assessment Form are expected. PIAB 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 PIAB 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.

Frequently asked questions For Solicitors

The PIAB 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 Portal after change in fee structure, September, 2019.

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 PIAB at solicitorportal@piab.ie. This individual will be the main point of contact with PIAB.

 

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.

PIAB Portal admin review each application and if appropriate will approve your firm for use of the PIAB 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 PIAB 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 PIAB reference are displayed on this page together with details of the handling solicitor, the date it was submitted to PIAB 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 PIAB at solicitorportal@piab.ie

For claims within the remit of the Board the time allowed to bring a claim under the Statute of limitations is stopped from the date the Board receives a completed application form (FORM A) and does not start running again until 6 months from the date of issue of any Authorisation. This only applies to claims against the respondent/s named in the Form A/Authorisation. 

If a further respondent is subsequently added to the claim or a request is received to amend the title of an existing respondent the statute stopped date for the claim against the new respondent/title will  be the date the Board is notified of the change. It is possible therefore to have multiple statute stopped dates against different respondents arising out of the one claim.

This only applies to claim applications received on or after the 4th of April 2019.  

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