Work Accident Claims* Q.&A.

What is a Work Accident Claim* Time Limit

There is a limit regarding how long an injured person has to initiate a legal action. This limit is pursuant to the statute of limitations act and if surpassed, it can cause your claim to be whats termed as statute barred from court. One has two years from the date of the accident to initiate the legal action.

What is the Work Accident Claim* Form ?

This is the application form to the Injuries Board. This is a four-page application form. It is not a complicated form to complete, but it must be completed correctly. The correct factual details must be specified on the form with the correct legal title of the party responsible for the accident. Searches should be conducted to ensure one has the correct legal title of the respondent.

The application to the Injures Board can be submitted by post or online with the applications administration fees being €90 or €45 depending on whether it has been submitted by post or online.

A medical report must be submitted with your application and this can be completed by your doctor on whats called Form B. Your doctor will likely know about Form B and have prepared a report previously using this document format. The medical report will include information regarding accident details, injuries sustained, medical history, complaints, clinical findings and possibly prognosis.

When you receive the medical report you should go through its content and make sure it is correct and reflective of your injuries.

What is the Personal Injuries Assessment Board ?

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 by the Injuries Board of claims.

What is the Personal Injuries Assessment Boards Address ?

Miles, Clonakilty, Co. Cork.

What is Section 50 – Personal Injuries Assessment Board ?

Once the Injuries Board have received the application they will send the s.50 confirmation letter which is very important, as it acknowledges registration of the civil action.

Accident at Work Employers Responsibilities ?

Employers have common law duty of care obligations and statutory obligations to employees in terms of safety measures in the workplace.

The general duties of employers under the Safety, Health and Welfare at Work Regulations 2005 Act are:

  • Ensure the safety, health and welfare for employees at work as far as is practicable.
  • Manage and conduct work activities in a way that ensures the health, safety and welfare of workers.
  • Prevent any improper conduct or behaviour that is likely to endanger the safety, health and welfare of employees.
  • Design, provide and upkeep a safe workplace and equipment.
  • Provide protection against exposure to harmful articles, substances, noise, vibrations, ionising, radiations and other physical agents.
  • Provide planned, organised, tested, maintained and revised work systems.
  • Offer and maintain facilities and arrangements at work for employee welfare.
  • Provide information, instruct, train and supervise employees.
  • Determine and implement safety, health and welfare strategies.
  • Have regard to the overall principles of prevention in cases where risk can’t be removed or sufficiently controlled and offer suitable protective gear and equipment.
  • Prepare and revise appropriate measures to be enforced in case of an emergency situation.
  • Report accidents.
  • Obtain the services of a qualified person for the purpose of ensuring employee safety, health and welfare.

Accident at Work Claim* Procedure ?

The forum party who deals with such applications is the Personal Injuries Assessment Board.

The Personal Injuries Assessment Board is an independent statutory body who receive applications for personal injury* claims and deals with them. It is not a court, and has no judicial function. Applicants will not be required to attend at the Personal Injuries Assessment Board and giving evidence at the Board is not required.

Under S.8 of the Civil Liability Act 2004 this is called a ‘Letter of Claim’. A person pursuing an action should serve notice in writing to the other person within 1 month of the date of the accident of their intention to pursue this course of action.

This is the application form to the Injuries Board. This is a four page application form. It is not a complicated form to complete, but it must be completed correctly. The correct factual details must be specified on the form with the correct legal title of the party responsible for the accident. Searches should be conducted to ensure one has the correct legal title of the respondent.

The application to the Injures Board can be submitted by post or online with the applications administration fees being €90 or €45 depending on whether it has been submitted by post or online.

A medical report must be submitted with your application and this can be completed by your doctor on whats called Form B. Your doctor will likely know about Form B and have prepared a report previously using this document format. The medical report will include information regarding accident details, injuries sustained, medical history, complaints, clinical findings and possibly prognosis.

When you receive the medical report you should go through its content and make sure it is correct and reflective of your injuries.

How Long does a Work Accident Claim* Take  ?

There is no one singular answer that can be given which works for everybody.

It depends on the individual case for many reasons, but we will give a general guide here.

Personal Injury* claims must be submitted to the Personal Injuries Assessment Board for assessment. On average, claims made to PIAB are assessed within 9 months from the date the Board notifies the party who the claim is taken against.

If the case is dealt with and concluded at this point to the satisfaction of the parties, the entire timeframe could be 9 months to one year. If the matter is not dealt with by the Injuries Board, the injured party may have the option of proceeding to court to seek a Judgement from the court.

Some factors that may affect how long a case takes include:

  • Once an application has been made to the Personal Injuries Assessment Board, it usually takes between 9 months to 1 year before it is concluded.
  • If one of the parties does not agree to the Injuries Board making an assessment, the matter can proceed to court.
  • If an assessment sum is not agreed to by one party, the matter can proceed to court.
  • How long will the court case process take depends on various factors, such as, is the case straightforward for complex ?.
  • Is there one injury or multiple injuries ?.
  • What is the attitude of the defendant to the case ?.
  • Has liability been admitted or is it contested ?.
  • Has the injury stabilised ?.
  • Has the treatment concluded ?. Has the injured parties doctors recommended further treatment ?. Detail of the further treatment is then required.
  • What number of experts reports are required ?.
  • Is it easy or difficult to obtain expert reports ?.
  • Is it easy or difficult to obtain medical records ?.
  • Have the legal pleadings concluded. In the High Court the defence must be provided to the injured parties solicitor within 8 weeks from the time the summons is served. This is not a long time, and in personal injury* cases one must proceed step by step in conjunction with the guidance of the doctor(s) assisting the injured party. Medical care can take time, recovery can take time, and guidance from the doctor and the patients thoughts on their own rehabilitation are important considerations in terms of assessing controlling the speed of a case.

Do I get paid if I get injured at Work  ?

To assess this one should review their Employment Contract to establish if there is a contractual provision that provides for payment during the sick leave period.

If there is no clause in the contract permitting this, the employee will unlikely be entitled to this payment unless there is a custom and practice within the particular workplace with the specific employer.

What if my accident at work claim* is denied ?

If a person or party allegedly responsible for causing the injury refuses to have the matter assessed by the Injuries Board, the Board will issue whats termed an authorisation which then permits the person to commence legal proceedings, if they so wish, to have the matter adjudicated by a court.

Whether the case should proceed to court or not would need to be discussed with your solicitor once the facts have been investigated and clarity in terms of negligence has been garnered.

The Injuries Board is a state body who deals with personal injury claims* but it is not a court and has no judicial function.

What is the Work Accident Claim Form ?

An application to the Injuries Board can be made by completing and submitting Form A with the application fee €45 or €90 and a medical report. The Injuries Board accept applications either online or via post.

The medical report will be completed by your doctor and will include information regarding accident details, injuries sustained, medical history, complaints, clinical findings and prognosis.

When you receive the medical report you should go through its content and make sure everything is accurate and your happy with it.

Personal Injury Claims* Ireland Information

If you require more information about the personal injury claims* process click here.

DISCLAIMER

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.

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