Making a personal injury claim in Ireland involves a process that most people have not encountered before. At Michael Boylan Litigation, we work with people at every stage of that process, including the initial application to the Injuries Resolution Board. Whether you are at the very start or trying to understand what comes next, the information here sets out how the IRB process works in plain terms.
What the Injuries Resolution Board Does (and What It Does Not Do)
What the IRB Process Is Designed to Do
The Injuries Resolution Board is an independent state body that assesses personal injury claims in Ireland before they can proceed to court. Its primary function is to provide a formal assessment of the value of a claim, based on the medical evidence submitted, without the need for litigation at that stage. It was established to reduce the cost and complexity of resolving personal injury disputes.
The IRB Does Not Decide Who Is at Fault
This is one of the most commonly misunderstood aspects of the process. The IRB does not make findings on liability, meaning it does not determine whether the respondent was legally responsible for your injury. It assesses the value of the claim only. Questions of fault are a matter for the courts if the case proceeds to that stage.
Do You Have to Apply to the IRB First?
In most personal injury cases in Ireland, an application to the IRB is required before court proceedings can be issued. This applies to the majority of accident claims, including workplace injuries, road traffic accidents, and accidents in public places. Issuing proceedings without first applying to the IRB is not permitted in most circumstances.
How to Apply to the IRB
Step 1: Identify the Correct Respondent
The respondent is the party you are making the claim against. Getting this right from the outset matters, as naming the wrong party can cause delays.
Individuals: If the injury was caused by a private individual, for example in a road traffic accident, that person is the respondent; their insurer will typically handle the matter on their behalf.
Companies and employers: Use the full registered name of the company, not a trading name; this can be checked through the Companies Registration Office.
Contractors and occupiers: Where more than one party was involved, for example both an employer and a site contractor, legal advice can help identify who should be named and whether more than one respondent is appropriate.
Step 2: Prepare Your Document Pack
Before submitting your application, gathering the right documents will make the process more straightforward.
Core documents needed for most applications include:
A completed IRB application form: Available through the IRB's online portal or by post.
Medical evidence: Typically in the form of a medical report from your treating GP or a medical practitioner familiar with your injuries; this should describe the nature and extent of your injuries and their impact on daily life.
Proof of any financial losses directly linked to the injury, such as wage slips if you are claiming for loss of earnings.
The Garda report or incident report: Where one exists.
Medical evidence is central to the application. Without a clear, current medical report, the IRB cannot properly assess the claim. The report does not need to set out a final prognosis at the initial stage, but it should accurately reflect the injuries sustained and how they have affected you.
Step 3: Complete the Application Accurately
The application form asks for specific information about the accident and your injuries. The sections people most commonly get wrong include:
The date and location of the accident: These must be precise and consistent with all other documents you are submitting.
The description of how the accident happened: Keep this factual and clear; avoid vague language.
The respondent's details: As noted above, use the correct registered name, not a trading name or informal description.
The injuries section: Describe each injury clearly; if symptoms developed over time, note when they first appeared.
Step 4: Submit Your Application Through the IRB Channels
Applications can be submitted through the IRB's online portal or by post. The online route is generally faster and allows you to track the progress of your application. The IRB's contact details and submission options are available at injuriesboard.ie.
Step 5: Acknowledgement and What It Means
Once your application is received and processed, the IRB will issue an acknowledgement. This confirms that your application has been registered and that the process has formally begun. It does not mean the claim has been assessed or accepted. The respondent will be notified at this stage.
Step 6: The Respondent Decision Stage
After being notified, the respondent has a set period to indicate whether they consent to IRB assessment or whether they object to the process. These two outcomes lead to different next steps:
Consent: The IRB proceeds to assess the value of the claim based on the medical evidence.
Refusal or objection: The IRB issues an authorisation, which allows you to bring court proceedings; the claim then moves outside the IRB process entirely.
Step 7: Assessment or Authorisation: The Two Main Outcomes
Assessment: The IRB reviews the medical evidence and issues a formal assessment of the value of the claim; both parties can accept or reject this figure; if both accept, the matter is resolved; if either party rejects it, an authorisation to sue is issued.
Authorisation: Issued where the respondent objects, or where an assessment is rejected; this document allows court proceedings to be commenced and is a necessary step before litigation can begin.
Common Mistakes That Delay Applications (and How to Avoid Them)
Incomplete or unclear medical evidence: Medical reports that are vague, out of date, or incomplete are one of the most frequent causes of delay. The report should be specific about the injuries, when they occurred, and their impact. If your condition has changed since you first sought treatment, an updated report will be needed.
Wrong respondent named: Using a trading name instead of a registered company name, or naming the wrong entity entirely, can result in the application being returned or delayed. Check the registered name carefully before submitting.
Date and detail inconsistencies between documents: If the accident date on your application does not match the date on your medical report or incident report, the IRB will seek clarification. Review all documents together before submitting to ensure consistency.
Missing supporting documents that are easy to obtain early: Some documents, such as a GP medical report or a workplace incident report, take time to obtain. Requesting these as early as possible avoids unnecessary delays once you are ready to submit.
What Happens After You Apply
Updates and requests for further information: The IRB may contact you or your solicitor to request additional information or clarification during the process. Responding to these requests promptly helps avoid unnecessary delays.
Medical examination requests: In some cases, the IRB or the respondent may arrange for an independent medical examination to be carried out. This involves being assessed by a doctor who is not your treating clinician. The purpose is to provide an objective clinical view of your injuries and their ongoing impact.
Receiving an assessment and the choices available: If an assessment is issued, you will be notified of the figure. You are not obliged to accept it. Both you and the respondent have the option to accept or reject the assessment. A solicitor can advise on whether the assessment reflects the full extent of your injuries before you make a decision.
When the IRB Route May Not Be Appropriate
Medical Negligence Claims (Different Route)
As noted above, medical negligence claims do not go through the IRB. If your injury resulted from a failure in medical treatment, those claims proceed directly through the courts under a different legal framework.
Complex Cases Where Court Proceedings May Be Required
Some cases, particularly those involving disputed liability, multiple parties, or serious and complex injuries, may be better suited to court proceedings from the outset. Where a respondent is likely to object to the IRB process, or where the legal issues are particularly involved, early legal advice on the most appropriate route is worthwhile.
Frequently Asked Questions
Can I apply to the IRB myself?
Yes, you can apply without a solicitor. The IRB process is designed to be accessible. However, in cases involving serious injuries, disputed liability, or complex circumstances, having legal advice from the outset helps ensure the application is complete, accurate, and in your best interests.
What if I do not know the correct respondent name?
Company names can be checked through the Companies Registration Office. If you are unsure whether to name one party or several, or if the identity of the responsible party is unclear, a solicitor can assist in identifying the correct respondent before the application is submitted.
What if my symptoms developed weeks later?
This is not unusual, and it does not prevent you from making a claim. The application should reflect when symptoms first appeared, not just the date of the accident. Medical records showing when you first sought treatment for those symptoms will support the application.
What if there is no CCTV or it was not retained?
The absence of CCTV does not prevent an application from proceeding. Other evidence, including witness accounts, photographs, written records, and expert analysis, can support the claim. Where CCTV may have existed, a solicitor can advise on steps to preserve or request it before it is overwritten.
What happens if the respondent disputes responsibility?
If the respondent objects to the IRB process, an authorisation is issued and the matter can proceed to court. Disputed liability is addressed through the litigation process, not through the IRB. This is where legal representation becomes particularly important.
Can more than one party be named?
Yes. Where more than one party contributed to the circumstances that caused the injury, both can be named as respondents. A solicitor can advise on whether this is appropriate in your case and how to structure the application accordingly.
What documents should I keep from the hospital, GP, and physiotherapy?
Keep all records from every point of contact with the healthcare system. This includes hospital discharge letters, GP referral letters, physiotherapy notes, prescription records, and any written communication from treating specialists. These form the foundation of the medical evidence in your claim.
Why Michael Boylan Litigation?
Specialist Litigation Focus
Personal injury claims, including those involving the IRB process, require careful preparation. Michael Boylan Litigation focuses on serious injury litigation and approaches every case with a structured, evidence-led methodology from the outset.
Evidence-Led Preparation From the Outset
Getting the application right from the beginning matters. Michael Boylan Litigation works to ensure that medical evidence is complete, the correct respondents are identified, and the application accurately reflects the full extent of your injuries before it is submitted.
Clear, Practical Guidance Through the IRB Process and Beyond
The IRB process is one step in what can be a longer journey. Michael Boylan Litigation provides clear guidance at every stage, whether that means preparing an IRB application, responding to an assessment, or proceeding to court where necessary. You will always understand where matters stand.
Speak to Michael Boylan Litigation
If you are considering a personal injury claim and want to understand how the IRB process applies to your situation, Michael Boylan Litigation is available to discuss the circumstances with you. A member of the team can explain what is involved, what information you will need, and what steps may be open to you.
Contact us today to speak with our team.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
