How can the Injuries Resolution Board support me?

The Injuries Resolution Board has two ways it can support the resolution of claims, the Mediation Service and the Claims Assessment Service.

1. Mediation Service and How it Works

In December 2023, the Injuries Resolution Board expanded their services to include mediation as an option for resolving claims. Currently, the mediation service can be used to deal with employer and public liability claims but will be available for motor liability claims by the end of 2024.

Mediation is a voluntary and confidential process that is a quick and effective way of dealing with personal injuries claims.  In mediation, those involved in the claim can talk about and explore issues. This could include the claim value, extent of injury, liability, negligence, or future treatment requirements, to name a few. The mediators are experienced in mediation. They are neutral and won’t take sides and have knowledge of the personal injuries’ environment and Personal Injuries Guidelines. The mediators do not make decisions for the parties but help clarify the issues and facilitate agreement.

The mediation service will typically be carried out through phone calls and parties to the claim will not need to talk directly to each other. The mediator, through a series of separate calls, will listen to all parties to gain a full understanding of the issue(s) and will help the parties reach a mutually acceptable solution to resolve the claim.

Opting For Mediation:

If the Claimant opts for mediation (by ticking the box on our application form) and the Respondent also consents, one of the Injuries Resolution Board mediators will work with both parties with the aim of facilitating an agreed outcome.

Typically, mediation will be done over the telephone, with an appointment arranged in advance by the Injuries Resolution Board mediation team. Both parties do not have to talk directly to each other. Instead, the mediator, through a series of separate calls will listen to both parties to gain a full understanding of the issue(s).

What happens after the mediation?

Agreement Reached: Where agreement is reached, there is a ten-day cooling off period, during which either party can change their mind. If everyone is still happy after 10 days, the agreement becomes legally binding, and the Injuries Resolution Board will issue an Order to Pay. This order has the same standing as a court order.

No Agreement Reached: If no agreement is reached in the mediation between the parties, the claim may progress to Assessment by the Injuries Resolution Board if the Respondent(s) have consented to the claim being assessed. If the Respondent has not consented to assessment of the claim, the claim will no longer be dealt with by the Injuries Resolution Board and they will issue the Claimant with an Authorisation, that allows them to pursue the claim via the courts.

2. The Claims Assessment Service

If one or both parties did not opt for mediation or if a mediated agreement was not reached and the assessment was consented to, then the claim will proceed through the Claim Assessment Service. Our assessment service, our experienced and impartial assessors will assess the value of a claim having regard to the injury that has occurred using medical and other information.

At the start of the process, a claimant is usually requested to attend an independent medical examination to review their injuries and expected recovery time.

The Injuries Resolution Board will also collect all relevant information relating to the claim (e.g. any loss of earnings, out-of-pocket expenses etc). As much of this information as possible should be provided at the application stage. In certain situations depending on the claim, the Injuries Resolution Board may also request independent reports from actuaries, vocational assessors or other experts. Once medical reports and other relevant information have been received, the claim will be assessed. General Damages (that is damages for pain and suffering) will be assessed having regard to the Personal Injuries Guidelines. These Guidelines are used by both the Injuries Resolution Board and the Courts when determining compensation and where they are not used by the Injuries Resolution Board or the Courts, a reason must be given.

Once an assessment of compensation is made the Injuries Resolution Board will provide the Claimant and Respondent with a Notice of Assessment which details the level of compensation to be paid to the Claimant. The Claimant will have 28 days to accept the assessment, while the Respondent will have 21 days.

If the compensation amount is accepted by both parties, an Order to Pay will be issued, which is legally binding and has the same effect as a court order. However, if either party rejects the assessment, the Injuries Resolution Board will then issue an authorisation for the claim to be pursued through the courts.

Why use the Injuries Resolution Board?

• Quick – significantly less time to resolve a claim than through litigation or court. Resolution in mediation can be less than 4 months, while in assessment it can be less than 9 months.

• Doesn’t affect legal rights if no agreement is reached or the claim is not accepted.

• Independent and impartial.

• Non-adversarial - The parties do not have to speak directly to each other thereby reducing stress.

• Agreements are legally binding.

• Low-cost model – far less cost than going to litigation/court.

• Mediation can deal with a broad range of issues.

You can find more information, submit a claim or get in touch with the Injuries Resolution Board through their website www.injuries.ie.

PIAB rebranded as the Injuries Resolution Board in December 2023.