When your application is received by the Board they will issue a letter called a ‘Section 50 Letter’. This letter confirms that the Board has received your application. Once this letter is issued the Statute of Limitations stops running against you. Under the Statute of Limitations a claimant has two years from the accident date within which to bring a claim for compensation. Once the two year term has expired the claim becomes statute barred, meaning the claimant is no longer able to claim compensation for the injuries sustained. The application must be received by the Board before the expiration of the two year time period. The Statute then stops running while the claim is being assessed by the Board. If the claim does not settle at the Injuries Board stage, and the claimant is issued with an Authorisation by the Board, the claimant is given a further six months within which to issue proceedings.
- The first step taken by the Board is to contact the respondent (the person/company you are suing) and ask them whether or not they will allow the Board to make an assessment (offer money to the claimant). The respondent is given 90 days within which to respond. If the respondent does not agree to an assessment then the Board will issue what is known as an Authorisation, allowing the claimant to issue court proceedings.
If the respondent agrees to the Board making an assessment, the Board will notify us in writing that they will be proceeding with an assessment and provide a ‘Schedule of Special Damages Form’ and ‘Loss of Earnings Certificate’ which should be completed by the claimant. The Schedule of Special Damages outlines the claimants out of pocket expenses e.g. medical expenses, travelling expenses, car damage, or any other expense incurred by the claimant as a result of their accident. The Certificate of Loss of Earnings needs to be completed by the claimant’s employer; this will only be necessary if the claimant was out of work due to the accident and was not paid while out of work.
If the Board is going ahead with an assessment, it has 9 months from the date of the decision to make an assessment within which to make it.
- The next step for the Board will be to have the claimant assessed by an independent doctor in order to take up a medical legal report.
- Once the Board is in receipt of the completed Schedule of Special Damages, Certificate of Loss of Earnings (if appropriate) and the medical report, they will proceed to make an assessment.
- We will be notified in writing of the award being made by the Board. The claimant is given 28 days to decide whether or not they wish to accept the award. The respondent is given 21 days within which to make the same decision.
- If both parties accept the assessment then an ‘Order to Pay’ will issue and the claimant’s cheque is usually requisitioned within 6 weeks.
- If one or both parties reject the assessment, the Board will issue an Authorisation, allowing the claimant to issue court proceedings. Just because court proceedings are issued does not mean that the claimant/plaintiff will end up in court. If we do end up issuing proceedings on your behalf, in the majority of cases the claim settles before going to trial.