Dear Claudine,
I work as a delivery man and I hurt my back at work on the 17th of September 2015. My employers paid for my medical bills. Unfortunately, I still have pain at times in my lower back but I was advised that over time this pain will go away. Before the accident I played 5 a side football in a local league every week. Since the accident I am finding it difficult to play a full game and to drive for long periods of time. I have never been involved in an accident before and would now like to take a claim for compensation.
Can you please advise me?
John

Dear John,
Thank you very much for your letter. As your accident occurred after the 31st of March 2005 you have two years only from the date of the accident within which to make a claim for personal injuries. Therefore, your claim will be statute barred on the 16th of September 2017. The Statute of Limitations stops running from the time the application is accepted by the injuries board and starts running again after six months have elapsed from the date the authorisation issues from them. Generally, when a person suffers an injury following an accident, they will consult a solicitor to act on their behalf. It is important to note that being injured in an accident does not automatically qualify you for compensation. You must establish that the person you are suing was legally responsible for your safety and did not meet their legal responsibilities. If you can establish both of these criteria then the procedure to apply for compensation is as follows: all personal injury claims must be submitted to the Injuries Board. There is an application form which can be downloaded from their website. You are required to insert your name and contact details together with a brief summary as to how the accident occurred. You are also required to furnish them with any correspondence you have sent or received from the person or persons whom you believe are responsible for your injuries. A medical report reflecting your injuries must also be submitted to them together with the sum of €45.00 being the fee due to them in order to process your application. When your application is accepted by PIAB they will send you’re solicitor a letter confirming receipt of your completed application together with a case reference number. They will then write to the party whom you have named as the person or persons responsible for your accident notifying them of your claim. This person is called the Respondent. If the Respondent does not wish to argue any legal issues and you also consent to the injuries board making an assessment and the board determines that it is appropriate to do so, then they will assign an assessor to your case. This assessor will decide whether your claim is valid and the amount of compensation due to you, if any, in your case. They may also require you to attend for a medical examination in order to assess your injuries. Once the assessor has decided that it is appropriate to assess your case then you have 28 days within which to accept or reject its decision to assess your case. The Respondent has 21 days either to accept or reject the assessment. In the absence of a response from you, the Injuries Board will deem that you have rejected the assessment. In the absence of a response from the Respondent, the Board will deem that the Respondent has accepted the assessment. Generally, the Injuries Board will make an assessment of compensation within 9 months of the date it receives the Respondents consent but this period can be extended by a maximum of 6 months in writing before the expiry of 9 months. The Board also calculates the amount of special damages or out of pocket expenses incurred by you and these will be in addition to your claim for personal injuries. As your employer has paid for your medical bills you will not be allowed to claim these as part of your out-of-pocket expenses. However, you might have incurred other expenses and provided you have receipts these should be allowable.
The Injuries Board will not assign an assessor to your case if there is insufficient case law or precedents in relation to the subject matter of the case, or it would be inappropriate due to the complexity of the issues particularly, if you have a pre-existing injury or medical condition, the injury consists wholly or in part of psychological damage and/or the injuries sustained are extremely serious. The Respondent and/or you may also object to the Board assessing the case and in such circumstances as those outlined the Board would issue an authorisation to you to proceed with your case to the Court. You must then issue proceedings within six months from the date of the authorisation or within one year of the date of the accident, whichever is the later. The medical reports detailing your injuries indicate which jurisdiction is appropriate for your particular Case either, the District Court, Circuit Court or High Court. At this stage, it is prudent to consult a Solicitor to act on your behalf.
Please contact me for further assistance.
With Every Good Wish,
Claudine