Can you tell me how long does injury compensation take to come through? I have been unable to work since I sustained a back injury in an accident at work and I desperately need to recover loss of earnings.
Unfortunately, although government legislation stipulates the period of time in which a personal injury claim can be made, there is no restriction governing how long does injury compensation take to come through.
The Injuries Board states on its website that claims assessments typically take seven months to be completed. It is easy to confuse this timescale with how long does injury compensation take to come through, but they are not the same.
The claim assessment is only one step in the claim process, and additional time must be allowed for the case to be prepared and for the negligent third party to both consent to a claim assessment and also to accept any the decision of the Injuries Board once the assessment has been completed. The time taken for compensation to be paid in Ireland will also be increased if liability for the accident is denied or if the Injuries Board claim assessment is rejected. Claims take much longer to be resolved when court action is required.
Personal injury claims must be diligently prepared and a body of evidence collected to establish negligence of a third party and a failure in a duty of care. Documents must be collected as proof of injury and proof of an accident and claims forms must be accurately completed and medical assessments arranged. These procedures should be completed before the Injuries Board is involved.
When an application is received by the Injuries Board, the negligent third party against whom the claim is made (the respondent) will be sent a ‘Formal Notice’ that a claim is being made. The respondent must then notify his or her insurance company, and 90 days must be allowed for consent to be provided to the Injuries Board to proceed with the case assessment.
If the Injuries Board is granted authorisation to proceed with the case assessment, once the amount of compensation is determined, both parties are notified. Twenty one days are allowed for the respondent to agree to the assessment or reject it. If accepted, the Injuries Board issues an ‘order to pay’ and a settlement cheque will be sent shortly thereafter. The total time taken for compensation to be paid in Ireland is therefore unlikely to be less than nine months, and you can realistically expect to have to wait a year to receive a settlement.
It is understandable that you want to get personal injury compensation paid quickly if you are suffering financially due to not being able to work since the accident. There are a number of steps that can be taken to ensure your claim is resolved in the shortest possible time frame.
If you have a particularly strong claim, or if liability for the accident is accepted, it may be possible to get personal injury compensation paid quickly by making an application to the courts to release a proportion of compensation to cover essential expenses in advance of the Injuries Board assessment being completed. A solicitor will make the necessary applications for the release of a proportion of damages to ensure bills can be covered. This will not mean the case will be resolved more quickly, but it will at least ease the financial strain you are under.