Injuries Board Application
Scope
Claims of the type set out below are subject to mandatory application to the Board for assessment. The legislation sets out certain procedures which must be used by every claimant who wishes to recover damages in respect of the above claims, within the scope of the Act. It prohibits the bringing of a claim unless the specified conditions have been first satisfied.
The Injuries Board assessment procedure applies to the following civil actions
- civil actions by an employee against his or her employer for negligence or breach of duty arising in the course of the employee’s employment with that employer;
- civil actions by a person against another arising out of that other’s ownership, driving or use of a mechanically propelled vehicle;
- civil actions by a person against another arising out of that other’s use or occupation of land or any structure or building;
- Subject to conditions, a civil action against the Commissioner of the Garda Síochána to which the 2022 Act applies,
- civil action not falling within any of the preceding paragraphs (other than one 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).
Types of Claim
A civil action is an action is an action intended to be pursued for the purpose of recovering damages in respect of a wrong for personal injuries or for personal injuries and damage to property, but the only if they have both been caused by the same wrong. It does not include actions for any other relief unless it so framed in order to avoid the operation of the above provision.
It does not include
- certain applications for compensation under the Garda Síochána compensation legislation;
- actions for breach of constitutional rights;
- actions for breach of the European Convention on Human Rights.
The Act does not apply to civil actions related to air or sea, transport which are within the scope of certain Conventions regulating liability.
The 2022 Act expands the types of claims that will be considered by the Board by removing the discretion for the Board not to make an assessment for claims of a wholly psychological nature or where a long-term prognosis is not yet available. The section also extends the discretions available to the Board regarding the making of an assessment to also include mediation.
The Act is stated not to affect the right of persons to seek legal advice in respect of their claims. It is not to be interpreted as requiring the Injuries Board to implement any court like hearing or procedure.
Statute of Limitations
In reckoning any period of time for the purpose of any applicable limitation period in relation to a relevant claim (including any limitation period under the Statute of Limitations 1957 , section 9 (2) of the Civil Liability Act 1961 , the Statute of Limitations (Amendment) Act 1991 and an international agreement or convention by which the State is bound), the period beginning on the making of an application under in relation to the claim and ending 6 months from the date of issue of an authorisation shall be disregarded.
The issuing of a notice of motion or the moving of a motion for the purposes of an application shall not be regarded as the commencement of proceedings in respect of the relevant claim for the purposes of any applicable limitation period in relation to such claim (including any limitation period under the Statute of Limitations 1957 , section 9 (2) of the Civil Liability Act 1961 , the Statute of Limitations (Amendment) Act 1991 and an international agreement or convention by which the State is bound).
Following an application to the Board and where subsequent respondents are added to the claim, the date that the Statute of Limitations is stopped against each respondent, is the date that individual respondent is added to the claim and ending 6 months from the date of issue of an authorisation.
Application
A claimant must make an application to the Board for an assessment of its claim. The application must be in a form prescribed by rules. The application form may require to be included
- documents that have been given or sent by the claimant to the person against whom the claim is proposed;
- copies of correspondence with the proposed defendant;
- a report prepared by a medical practitioner who has treated the claimant in relation to personal injuries, which is the subject of the claim;
- receipts, vouchers and other documentation in relation to loss or damage in respect of which special damages are sought.
Where a notice of any accident or occurrence giving rise to personal injuries is required prior to civil action being initiated, this may be required to be included in the required document. See separately in relation to the requirement for notice to be given within a certain period of the matter of incident, the subject of a personal injury claim.
Where a claimant wishes to bring proceedings in respect of his claim against one or more persons and he has omitted through oversight or ignorance of all facts, to specify in his application such persons as being persons liable to him, in a claim, the Board may issue an authorisation to bring proceedings nonetheless. It may defer the question as to whether to issue an authorisation unless and until the claim has been the subject of an assessment or a fresh assessment, as the case may be.
Documents Required
The 2019 Act changed the documentation required by the Board before formal notification shall be served on a respondent to ascertain his or her wishes in relation to an assessment by the Board of the claim. A formal notice will only issue to a respondent when
- an application,
- a report prepared by a medical practitioner in respect of the personal injuries and
- the fee have
been received from the claimant by the Board.
If the application is not accompanied by a medical report and/or the fee, the Board may issue a preliminary notification to the respondent that a claim has been received identifying them as the person the claimant holds responsible for their injuries. However, the respondent will not be obliged to consider the consenting to an assessment being made in the absence of a medical report and/or the fee.
There are different levels of charges levied by the Board on claimants and respondents for submitting electronic and paper formats of documents to them. As it is cheaper to submit and process documents electronically, this should be incentivised. PIAB may levy staged charges on the respondent for the various stages of the claims assessment process.
Additional Requirements 2023
The 2022 Act sets out the application process to allow a claimant to make an application for mediation, assessment or both.
The claimant must supply a Personal Public Service Number or alternative identification, required in making that application.
A valid application must be signed by the claimant and include confirmation of each of the following:
- the claimant’s name, date of birth, phone number, and the address at which he or she ordinarily resides;
- the claimant’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ) or, in any case where the claimant does not have a personal public service number, such other documentation concerning his or her identity as may be specified by rules under section 46;
- the name and address of the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the accident or incident concerned;
- the date and time on which it is alleged that the accident or incident the subject of the application occurred;
- a description of how and where it is alleged that the accident or incident the subject of the application occurred;
- a description of the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application;
- that the medical report enclosed with the application describes the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application.”.
Failure to supply the required information as part of the application will result in the statute of limitations continuing to run while the claim is with the Board.
Charges
The Board, with the consent of the Minister, may make regulations to impose charges. Where a respondent has failed to pay the relevant fee to the Board in the required timeframe that the Board can apply an additional administrative charge.
The respondent is liable to the Board for all charges applicable to them. An order to pay to include any outstanding charges payable to the Board by the respondent.