If you have been injured in an accident that was not your fault, your personal injury claim will almost certainly need to go through the Injuries Resolution Board before it can proceed any further. Understanding how this process works, what is required of you, and what to expect at each stage can make a real difference to the outcome of your claim. Below, we explain everything you need to know about the Board, from submitting your application to receiving your assessment.
What Is the Injuries Resolution Board?
The Injuries Resolution Board is Ireland’s independent State body responsible for resolving personal injury compensation claims. It assesses the value of claims arising from road traffic accidents, workplace injuries, and public liability incidents without the need for court proceedings.
The Board was originally established in 2004 as the Personal Injuries Assessment Board (PIAB). Following the enactment of the Personal Injuries Resolution Board Act 2022, the organisation was renamed the Injuries Resolution Board on 14 December 2023. The name change reflects the Board’s expanded role, which now includes a mediation service alongside its traditional assessment function.
It is important to understand that the Board does not decide who was at fault for your injury. Its role is limited to assessing how much compensation your injury is worth, based on your medical evidence and the Personal Injuries Guidelines.
Claims That Go Through the Board
Almost all personal injury claims in Ireland must be submitted to the Injuries Resolution Board before any court proceedings can be issued. This is a legal requirement, not an optional step. The types of claims the Board handles include:
- Road traffic accident claims: Car accidents, bus and coach collisions, cyclist injuries, pedestrian injuries, motorcycle accidents, rear-end collisions, and hit-and-run claims through the Motor Insurers’ Bureau of Ireland (MIBI).
- Workplace injury claims: Accidents at work including slips, falls, manual handling injuries, construction site accidents, and injuries caused by defective equipment or inadequate training.
- Public liability claims: Injuries sustained in public places or on another person’s property, including slips and trips in supermarkets, restaurants, footpaths, hotels, and leisure facilities.
Exceptions That Follow a Different Route
Not every personal injury claim goes through the Board. Medical negligence claims are the most notable exception and must be pursued directly through the courts. Claims involving assault, maritime injuries, and certain other categories are also excluded from the Board’s remit. If your claim falls into one of these categories, a solicitor can advise you on the correct route to take.
Applying to the Board
What the Application Must Include
To make a valid application, you must complete the Injuries Resolution Board Application Form (Form A). Since 4 September 2023, updated application requirements have been in place, and only the latest version of the form is accepted. Your application must include:
- Your full name, date of birth, and contact number.
- Your Personal Public Service (PPS) number, or alternative valid identification if you do not have one.
- Details of the type of claim (road traffic, workplace, or public liability).
- A clear description of how, when, and where the accident happened.
- A description of your injuries and how they have affected you.
- Whether you consent to mediation.
You should also include supporting documents such as receipts for medical expenses, evidence of lost earnings, and any other costs arising from the accident.
Providing the Medical Report
Every application must be accompanied by a medical report prepared by your treating doctor. This report must set out the nature of the injuries you sustained in the accident. Without it, your application will not be accepted as complete, and the statute of limitations will not be paused. This is a critical change introduced in September 2023, and it means you should begin gathering your medical evidence as early as possible.
Paying Application Fees
The Board charges an application fee of €45 for online applications or €90 for postal applications. This fee must be paid at the time of submission. If the respondent (the person or organisation you are claiming against) consents to the Board’s assessment, they will also be required to pay a separate fee.
How Long Do You Have to Apply?
Under the Statute of Limitations, you generally have two years from the date of the accident (or the date you first became aware of your injury) to submit your application to the Board. Once the Board acknowledges receipt of a complete application, the two-year limitation period is paused for the duration of the assessment process.
This is why it is so important to ensure your application is fully complete before it is submitted. An incomplete application will not pause the clock, and you could run out of time without realising it. If your claim involves a child under 18, the two-year period does not begin until the child turns 18. For more detail on time limits, see our page on how long you have to claim for personal injury compensation.
What Happens After the Application Is Submitted
The Respondent Is Notified and Given a 90-Day Consent Period
Once the Board registers your application, it sends a notice to the respondent along with a copy of your application and any accompanying documents. The respondent then has 90 days to decide whether to consent to the Board carrying out an assessment of your claim, reject the process, or simply not respond.
If the respondent consents, the Board moves forward with assessing the value of your claim.
What Happens If the Respondent Does Not Consent
If the respondent does not consent to the assessment, or fails to respond within 90 days, the Board will issue you with an Authorisation. This is a legal document that gives you the right to pursue your claim through the courts. Your solicitor will then have six months from the date of the Authorisation, plus the balance of any remaining limitation period, to issue court proceedings on your behalf.
Mediation as an Alternative to Assessment
Since December 2023, the Injuries Resolution Board has offered a free mediation service as an alternative way to resolve personal injury claims. Mediation was initially available only for employer liability claims, then extended to public liability claims in May 2024, and expanded further to cover road traffic claims from 12 December 2024. When you submit your application, you can indicate on the form whether you are willing to take part in mediation. If both you and the respondent agree, a trained, impartial mediator will be assigned to your claim at the very start of the process. The mediation is typically conducted by telephone, and neither party needs to speak to the other directly.
If mediation results in an agreement, both parties sign a written agreement. A 10-day cooling-off period then follows. During this time, either party can withdraw from the agreement without consequence. If neither party withdraws after the 10 days, the Injuries Resolution Board issues a legally binding Order to Pay, which has the same force as a court order.
If mediation does not result in an agreement, your claim is not affected in any negative way. You can still have your claim assessed by the Board in the normal way, provided the respondent consents. All discussions that took place during mediation are strictly confidential and cannot be used in any later assessment or court proceedings. This means there is no disadvantage to trying mediation first.
How the Board Carries Out Its Assessment
Gathering Additional Medical Evidence
Once the respondent has consented to the assessment, the Board reviews all of the medical evidence on file. If the existing evidence is not sufficient to make a fair assessment, the Board may request additional medical reports or records from your treating doctors or specialists.
Independent Medical Examinations
In some cases, the Board may arrange for you to attend an independent medical examination (IME). This is carried out by a doctor who has not previously treated you, and who provides an objective opinion on the nature and extent of your injuries. The findings of this examination are used alongside your existing medical evidence to inform the Board’s assessment.
Applying the Personal Injuries Guidelines
The Board uses the Personal Injuries Guidelines to calculate the amount of compensation for general damages, which covers pain, suffering, and loss of enjoyment of life. The Guidelines were first introduced in April 2021 and set out defined compensation ranges for different types and severities of injury. The Board is required by law to follow these Guidelines when making its assessment. If it departs from them in any individual case, it must give clear reasons for doing so.
Calculating Special Damages
In addition to general damages, the Board also takes into account your special damages. These are the financial losses you have actually incurred because of your injury, such as:
- Medical expenses: GP visits, consultations, physiotherapy, medication, and hospital costs.
- Loss of earnings: Wages or salary lost during your recovery.
- Travel costs: Expenses for attending medical appointments.
- Future care needs: Ongoing treatment costs or rehabilitation.
You should keep detailed records and receipts for all expenses related to your injury, as these will form the basis of your special damages calculation.
When the Board Issues Its Assessment
Once the Board has completed its review of the medical and financial evidence, it issues a Notice of Assessment to both you and the respondent. This notice sets out the total compensation amount the Board considers appropriate for your claim. Both parties then have 28 days to accept or reject the assessment. If you do not respond within 28 days, it is treated as a rejection.
- If both sides accept: The Board issues an Order to Pay, which is legally binding. The respondent must pay the assessed amount, and the claim is resolved without any court involvement.
- If either side rejects: The Board issues an Authorisation, which allows you to take your claim to court. The amount of the Board’s assessment is not disclosed to the court, so neither party is prejudiced by the earlier figure. However, if you reject the assessment and later receive a lower award in court, the court may take that into account when deciding who pays legal costs.
It is worth noting that a respondent’s consent to the Board’s assessment is not an admission of liability. A respondent can agree to have the claim assessed without accepting that they were at fault. Liability remains a separate issue that would only be determined by a court if the matter proceeds to litigation.
How Long the Process Usually Takes
Most claims are assessed within approximately nine months from the date the respondent consents to the assessment. However, the overall timeline from the date you first submit your application can be longer, depending on a number of factors.
Factors That Affect the Timeline
The speed of the process depends on how quickly the respondent consents, whether additional medical evidence is needed, whether an independent medical examination is required, and the overall complexity of the claim. Claims with straightforward liability and well-documented injuries tend to move through the process more quickly. Claims involving multiple respondents, disputed circumstances, or complex injuries can take longer.
How Ongoing Treatment Can Delay the Assessment
If you are still receiving active medical treatment, the Board may delay its assessment until your condition has stabilised. This is because the Board needs a clear picture of the long-term impact of your injuries before it can make a fair assessment. While this can be frustrating, it is generally in your interest to wait until your medical position is as clear as possible. An assessment carried out too early may undervalue a claim if your injuries turn out to be more serious or longer-lasting than initially expected.
How Tiernan Solicitors Help Clients Through the Injuries Resolution Board Process
We guide clients through every stage of the Injuries Resolution Board process, from the very first consultation through to the final resolution of the claim. We ensure your application is fully complete and properly supported with the right medical evidence, so that no time is lost and no procedural issues arise. We advise you on whether mediation may be appropriate for your claim, help you understand any assessment the Board makes, and explain all of your options clearly so you can make informed decisions.
If the Board’s assessment does not reflect the true value of your injuries, we are prepared to pursue your claim through the courts to secure the compensation you deserve. Our focus throughout is on achieving the best possible result for you while keeping the process as straightforward and stress-free as possible.
Contact Tiernan Solicitors Today
If you have been injured in an accident and need help with your Injuries Resolution Board application, or if you have already received an assessment and want to understand your options, contact us today for a consultation. Call us on 01-6760988 or complete our online enquiry form to request a callback. We will review the details of your case and give you clear, honest advice on the best way forward.