What is piab (PIAB) Ireland ?
The Personal Injuries Assessment Board, abbreviated as PIAB, is an independent state body in Ireland tasked with assessing personal injury* claims. This legislation was enacted in 2003 and it has since undergone several revisions and updates. The act enables the making of assessments ie quantum of damages by the Injuries Board of claims.
The Injuries Board is an independent state body, is not a court, has no judicial function, and applicants are not required to attend at the Injuries Board to give evidence.
What is PIABs Process ?
The injured party must submit Form B ( Medical Assessment Form ) or a Medical Report as part of their application to the Injuries Board.
This Medical Assessment Form must be completed by the persons medical practitioner which forms part of the application. This document denotes essential medical information such as the Applicant’s names, addresses, gender, occupation, brief details of the accident, the nature and the severity of the injuries, the treatment prescribed and the relevant medical history of the injured person. The Form B should be signed by the practitioner to ensure its validity.
What is PIABs Form A ( Application Form ) ?
The Applicant must also submit as part of their application Form A ( Application Form ) to the Injuries Board.
The Form A is a detailed document issued by the Injuries Board to the aggrieved party. This form outlines valuable information and data such as the type of accident, the claimant’s details, the respondents details, the injury or claim details and about the medical report from your doctor.
The work of the Board begins after the application form is filed with them. It is necessary to specify the correct legal title name of the Respondent (person who caused the accident) on Form A.
The Respondent will in most cases not indicate to the Applicant if they have specified an incorrect legal entity name on the application form. Necessary checks must take place prior to filing the application form with the Board as to the correct legal title of the Respondent.
Additionally, you are supposed to fill out the exact nature of your injuries, the medical attention obtained, and indicate if loss of wages, medical expenses and out of pocket expenses forms part of the claim. It’s prudent for you, as the complainant, to make sure you complete any useful information sought on the application form.
The applicant must also pay the sum of €45 or €90 as an application administration fee to the Injuries Board for the application and this is dependant on if you submit your application online or via post.
Here are the Forms required :
Injuries Board Registration of Claim*
Once the Application Forms are submitted with the application fee, the Injuries Board will proceed to register your claim under S.50 of the Personal Injuries Board Assessment Board Act 2003.
Section 13 Notice
The Injuries Board will then send this notice of the application to the alleged wrongdoer and he/she has 90 days to consent/reject or do nothing. The Injuries Board will send a copy of the injured person’s application with this notice and or any other accompanying documents.
The Injuries Board will after this period begin their assessment, if the alleged wrongdoer does not reject this outright. In that case court proceedings can begin.
The applicant will be furnished with a Certificate of Loss of Earnings and a form regarding Special Damages.
The applicant can furnish the Certificate of Loss of Earnings to the payroll department of their employer who can then detail the persons days out due to sick leave, earnings loss, and provide the company stamp on this certificate. This completed Certificate must then be submitted to the Injuries Board, if the applicant has a loss of earnings aspect to their claim.
Special Damages include losses attributable to the person as a result of the accident, which could be medical expenses or other relevant expenses.
9 Month Period
The Injuries Board must make their assessment ie quantum of damages, if any, within 9 months of receiving the alleged wrongdoers consent to assessment. Once the assessment decision is made the alleged wrongdoer is given 21 days to accept the award or its considered accepted. The injured party is given 28 days and if no response is received, is deemed to accept the award.
If the applicant accepts the Injuries Board assessment, they must indicate same by using the form sent to them by the Injuries Board, and sending this back to the Injuries Board completed.
If the respondent (alleged wrongdoer) also accepts the Injuries Board assessment, they must do the same ie furnish confirmation of their acceptance by signature with form to the Injuries Board.
PIAB Order to Pay
If the injured person and the other person ( respondent ) BOTH accept the award then the Injuries Board will make an Order to Pay. If one party does not accept the award in question for whatever reason, then a Court will have to hear the matter and resolve it.
What is PIABs medical assessment ?
The applicant must submit a medical report from their doctor with the application at the start of the process.
Once the application has been lodged with the Injuries Board, after the alleged wrongdoer has been notified and agreed to the Injuries Board assessing the claim, the Injuries Board will arrange for an applicant to be medically assessed by a doctor engaged by the Injuries Board. This medical attendant is a person on the Injuries Board panel of medical attendants.
The Injuries Board will send the applicant via letter the name, address, time, date of the appointment with medical attendant engaged by the Injuries Board, and the applicant should attend this medical appointment.
The Injuries Board will then assess the medical evidence from the applicants own doctor and the doctor engaged by the Injuries Board as part of the decision-making process of the assessor in the Board.
What is PIABs Book of Quantum ?
The Book of Quantum contains guidelines that determine the worth of your claim. The board will refer to it when assessing your claim. The book was made after examining samples from thousands of cases in 2013 and 2014.
The Book of Quantum generally categorizes injuries as minor, moderate, moderately severe, or severe.
The Book of Quantum can be found by clicking here.
What if PIAB Order to Pay is ignored ?
If an Order to Pay has not been adhered to, it may be time to proceed to enforcement proceedings in court, seeking an Order from the Court regarding the fact the Injuries Board Order to Pay has not been complied with.
PIAB Injuries Board Application – Where to Apply ?
P.O. BOX 8
Tel: (023) 883 2826
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.