The Personal Injuries Assessment Board (PIAB), is an independent statutory body set up under the Personal Injuries Assessment Board Act 2003. All personal injury claims in Ireland (except for cases involving medical negligence) must be submitted to PIAB.
PIAB provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. Where the person you hold responsible (the respondent) does not consent to PIAB assessing your claim for compensation, PIAB will allow you to pursue your claim through the courts.
Claims through PIAB are assessed on average within 7 months of the respondent consenting. Personal injury claims through litigation (that is, the courts) can take up to 36 months (3 years).
Claims are assessed using the medical evidence you provide from your doctor and, if necessary, a report provided by an independent doctor appointed by PIAB. The assessment of the damages due is made having regard to the particular injuries you sustained and your circumstances. Guideline amounts for compensation in respect of particular injuries are set out in the Book of Quantum (pdf). PIAB provides useful FAQs about making a personal injury claim.
If the respondent does not agree to an assessment by PIAB or if either side rejects PIAB’s award, the matter can then be referred to the courts.
Under Section 17 of the 2003 Act, if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures, PIAB may give you permission to pursue your claim through the courts without an assessment of your claim.
Under the Recovery of Certain Benefits and Assistance Scheme the Department of Employment Affairs and 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.