The Injuries Resolution Board: What You Need to Know

What Is the Injuries Resolution Board?

The Injuries Resolution Board (IRB) is an independent State body that assesses personal injury claims in Ireland. It was originally set up in 2004 as the Personal Injuries Assessment Board (PIAB) and was renamed in 2024.

The IRB exists to provide a quicker and less expensive way of resolving personal injury claims compared to going through the courts. Since 2004, almost all personal injury claims in Ireland, including workplace injury claims, must go through the IRB process first before any court proceedings can be issued.

Why Do You Have to Go Through the IRB?

Before the IRB was established, all personal injury claims had to go through the courts. That was slow and expensive. The IRB was set up to assess the value of claims without the need for court hearings, which keeps legal costs down and speeds up the process.

This is a mandatory step. You cannot issue court proceedings for a workplace injury claim unless you have first applied to the IRB and received an authorisation to proceed to court. There are very few exceptions to this rule.

How Does the Process Work?

Here is a step-by-step overview of how the IRB process works for a workplace injury claim:

Step 1: Get Legal Advice

Before you do anything, it is a good idea to speak with a solicitor who has experience in workplace injury claims. Your solicitor can help you gather the right evidence, fill out the application correctly, and advise you on the strength of your claim. Your solicitor will also deal with the IRB on your behalf throughout the process.

Step 2: Make Your Application

Your solicitor will submit an application to the IRB on your behalf. The application form asks for details about your accident, your injuries, your medical treatment, and your financial losses.

You will need to include a medical report from your doctor or consultant, along with details of any expenses or losses you have suffered as a result of the injury.

There is an application fee that must be paid when the application is submitted.

Step 3: The Respondent Is Notified

Once the IRB receives your application, it notifies the respondent (in a workplace injury claim, this is usually your employer or their insurance company). The respondent has 90 days to confirm whether they consent to the IRB assessing the claim.

If the respondent does not consent to the IRB assessment, the IRB will issue you with an authorisation that allows you to take your case to court instead. This authorisation is essential, as you cannot proceed to court without it.

Step 4: The Assessment

If the respondent does consent, the IRB will carry out an assessment of your claim. This is a paper-based assessment. It is not a court hearing. There are no barristers, no witnesses, and no cross-examination.

The IRB assesses the claim based on the documents submitted, including your medical evidence and details of your losses. The assessment is guided by the Personal Injury Guidelines, which set out compensation ranges for different types of injuries.

The IRB may also arrange for you to attend a medical examination carried out by an independent doctor. This helps the IRB assess the nature and extent of your injuries.

Step 5: The Assessment Is Issued

Once the assessment is complete, the IRB issues an Order to Pay setting out the amount of compensation it considers appropriate for your claim. This assessment covers both:

• General damages (compensation for your pain and suffering)
• Special damages (compensation for your financial losses, such as lost earnings and medical expenses)

Step 6: You Decide Whether to Accept

When you receive the assessment, you have 28 days to decide whether to accept or reject it. Your solicitor will advise you on whether the amount offered is fair and reasonable based on the circumstances of your case.

If you accept the assessment, and the respondent also accepts, the claim is settled. The respondent (or their insurer) pays you the assessed amount, and the matter is closed.

If you reject the assessment, or if the respondent rejects it, the IRB will issue you with an authorisation to proceed to court. You can then issue court proceedings to have your claim decided by a judge.

If both sides accept, the Order to Pay becomes binding, and the respondent must pay the assessed amount.

How Long Does the Process Take?

The IRB aims to complete assessments as efficiently as possible, but the timeline depends on the circumstances of each case. As a general guide:

• The respondent has 90 days to respond after being notified.
• The assessment itself can take several months, depending on the complexity of the injuries and whether additional medical evidence is needed.
• From start to finish, the IRB process typically takes between 9 and 15 months, though some cases may take longer.

If the respondent does not consent to the process, the authorisation to proceed to court is usually issued more quickly.

What Is the Role of Your Solicitor?

Your solicitor plays an important role at every stage of the IRB process:

• Before the application: Your solicitor helps you gather evidence, obtain medical reports, and prepare a strong application.
• During the process: Your solicitor communicates with the IRB, responds to any queries, and makes sure deadlines are met.
• When the assessment is issued: Your solicitor advises you on whether the assessed amount is fair, and whether you should accept it or proceed to court.
• If you proceed to court: Your solicitor represents you in the court proceedings that follow.

Even though the IRB process is designed to be less formal than a court case, having a solicitor is important. The decisions made at this stage can have a significant impact on the outcome of your claim.

What Are the Benefits of the IRB Process?

The IRB process has a number of advantages:

• It is generally faster than going through the courts.
• It keeps legal costs lower because there is no need for a court hearing at this stage.
• The process is straightforward and paper-based, so you do not have to attend hearings or give evidence in person.

What Are the Limitations?

There are some limitations to be aware of:

• The IRB can only assess compensation. It cannot determine who is at fault (liability). If the respondent disputes that they are responsible for your injury, the IRB cannot resolve that dispute, and the claim will need to go to court.
• The IRB assessment is based on the documents submitted. If your case involves complex issues around how the accident happened or the extent of your injuries, a court may be better placed to assess it fully.
• You are not obliged to accept the IRB's assessment. If you believe it undervalues your claim, you have the right to reject it and go to court.

Key Points to Remember

• Almost all workplace injury claims must go through the IRB before court proceedings can be issued.
• The IRB provides a paper-based assessment of your claim without the need for a court hearing.
• You have the right to accept or reject the IRB's assessment.
• If you reject the assessment, you can proceed to court with an authorisation from the IRB.
• Getting legal advice early in the process is important to protect your rights and give your claim the best chance of success.