What Happens During an IRB (PIAB) Assessment in Ireland

Gary Matthews, Personal Injury Solicitor Dublin

Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 • 01 903 6408

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What's New
Motor mediation Dec 2024
Eligibility
All PI claims via IRB
Timeline
11.2 months avg
Your Decision
28 days to accept/reject
Acceptance Rate
50% in 2024

Definition: An IRB assessment is the Injuries Resolution Board's evaluation of your personal injury claim using the Personal Injuries Guidelines. Average time: 11.2 months. About 50% of claimants accepted their 2024 assessment.

At a Glance

The IRB reviews your medical reports and applies the "dominant injury + uplift" method to calculate compensation. You may attend an independent medical exam (a significant portion of claims). Since December 2024, you can opt for mediation instead, which the IRB aims to resolve significantly faster than the 11.2-month assessment average. You have 28 days to accept or reject the assessment. Rejection allows court proceedings but triggers Section 51A costs risk.

Ireland vs UK: Unlike England and Wales where the Official Injury Claim portal handles low-value RTA claims, all personal injury claims in Ireland must route through the IRB before court proceedings can begin. The assessment methodology and Guidelines brackets are Ireland-specific.

Contents

Key Facts

Average time: 11.2 months in 2024 (over half within 9 months). IRB Report 2024
Acceptance rate: 50% in 2024, the highest since Guidelines began. 1
Medical exam: A significant portion of claims require one. Appointments within 4 weeks, reports within 2 weeks. IRB Medical Panel [5]
New option: Motor mediation launched December 2024. Aims to resolve claims significantly faster than the 11.2-month assessment average. Gov.ie [6]
IRB assessment flow from application to decision Application filed (Form A + €45/€90) Respondent consent (90 days max) Assessment phase (Medical + Guidelines) Notice of Assessment (28 days to decide) Accept/ Reject
The IRB assessment journey: application → respondent consent → assessment (including any medical exam) → notice → your decision.

What is an IRB assessment?

Definition: An IRB assessment is the Injuries Resolution Board's paper-based evaluation of your personal injury claim, applying the Personal Injuries Guidelines to determine compensation value. It is not a court hearing, not an investigation, and not a negotiation. It is a valuation exercise based on documented medical evidence.

An IRB assessment is the process where the Injuries Resolution Board evaluates your personal injury claim and calculates compensation using the Personal Injuries Guidelines [3], which replaced the Book of Quantum on 24 April 2021. The assessment is primarily paper-based. An assessor reviews your medical reports, receipts for expenses, and evidence of lost earnings. You don't attend a hearing or meet the assessor face-to-face.

This is not the same as going to court. The IRB assessment produces an "Order to Pay" that becomes binding if both sides accept. If either party rejects, the IRB issues an Authorisation allowing you to proceed to court proceedings. It seems straightforward on paper, but the process has nuances that catch people off guard. 4

Terminology note: The board changed from "PIAB" (Personal Injuries Assessment Board) to "IRB" (Injuries Resolution Board) on 14 December 2023 under the Personal Injuries Resolution Board Act 2022. Both terms appear in searches, so we use them interchangeably where helpful. For more on the IRB/PIAB process overall, see our hub page.

What the assessor cannot do

Understanding the assessor's limitations helps set realistic expectations:

Cannot investigate the accident: They don't contact witnesses, review CCTV, obtain Garda reports, or verify how the accident happened. Fault has already been admitted via respondent consent.

Cannot determine liability: The IRB only assesses claims where the respondent has consented. If liability is disputed, the IRB can't proceed with assessment (though mediation may be an option).

Cannot depart from Guidelines without justification: Section 22 departures are rare and require documented reasons. The assessor works within the Guidelines framework.

Cannot consider speculative future losses: Only proven, documented losses are assessed. "I might need surgery in 5 years" doesn't translate to compensation without current medical evidence supporting it.

Cannot contact you directly: All communication goes through formal notices. The assessor won't phone you for clarification. If your documents are unclear, they work with what they have.

Cannot extend the 28-day deadline: Once the Notice of Assessment issues, you have exactly 28 days. The assessor has no power to grant extensions.

What the assessor actually reviews

The IRB assessor works from a defined set of documents. Understanding what's in front of them helps you prepare a stronger file. Here's exactly what they examine:

Your Form A application: The details you provided about the accident, your injuries, and the respondent. Inconsistencies between Form A and later medical reports raise questions.

Your treating doctor's medical report: The GP or specialist report submitted with your application. This is often the primary evidence if no independent exam is commissioned.

Independent medical report (if commissioned): The Form B report from the IRB's panel doctor. This carries significant weight because it's independent of both parties.

Receipts and invoices: Evidence of out-of-pocket expenses: GP visits, physiotherapy, medication, travel to appointments, medical aids. No receipt typically means no reimbursement.

Certificate of Loss of Earnings: A formal document from your employer confirming days missed and earnings lost. Payslips alone aren't sufficient. Self-employed claimants need accountant certification.

Photographs and supporting evidence: Photos of injuries, the accident scene, vehicle damage, or hazards. These aren't mandatory but can strengthen your case.

DSP benefit records: If you claimed Illness Benefit or other social welfare payments, the Department of Social Protection notifies the IRB. These amounts are deducted under the Recovery of Benefits scheme.

What the assessor doesn't see: The assessor has no access to Garda reports, witness statements, or CCTV footage. They're not investigating fault. They're valuing your injuries based on medical evidence and the Guidelines.

Documents the IRB Assessor Reviews Hub-and-spoke diagram showing the 7 document types the IRB assessor reviews during a personal injury assessment, plus 4 document types they do not see Documents the IRB Assessor Reviews IRB ASSESSOR Paper-based review 📄 Form A Your application 🏥 GP Report Treating doctor 📋 Form B Independent medical 🧾 Receipts Medical expenses 💼 Loss Certificate Employer earnings 📷 Photos Injuries, scene 🏛️ DSP Records Benefit deductions ✓ WHAT ASSESSOR SEES (7 document types) ✗ WHAT ASSESSOR DOESN'T SEE • Garda reports • Witness statements • CCTV footage • Liability evidence Assessment is valuation, not investigation

Documents the IRB Assessor Reviews

The assessor works from a defined set of 7 document types. Understanding what they see—and don't see—helps you prepare a stronger file.

How long does the assessment actually take?

The average IRB assessment takes 11.2 months from respondent consent to Notice of Assessment, based on 2024 data. The official target is 9 months. While over half of claims completed within 9 months, nearly half took longer. Extensions happen when medical evidence is incomplete, when injuries haven't stabilised, or when an independent exam is required. 1

IRB Assessment Timeline: Official Target vs Reality (2024) Infographic comparing the official 9-month IRB assessment target with the actual 11.2 month average from 2024 data, showing stage-by-stage breakdown IRB Assessment Timeline: Official Target vs Reality (2024) 📊 Source: IRB Annual Report 2024 Stage Official Target Typical Reality Application → Consent Respondent decides 90 days 60-90 days Assessment Phase Medical exam + review 9 months from consent 11.2 months average +2.2 mo Decision Period Accept or reject 28 days 28 days FIXED TOTAL DURATION ~12 months 14-18 months ⚡ MEDIATION OPTION Faster resolution Since Dec 2024 for motor Key 2024 Data: 11.2 months average assessment time | 50% acceptance rate | €12,541 median motor award | Over half complete within 9 months

IRB Assessment Timeline: Official Target vs Reality (2024)

The gap between the 9-month target and 11.2-month reality. Mediation offers a faster alternative since December 2024.

A common mistake we see is people expecting the 9-month figure as a guarantee. In my view, you should factor in 10-14 months as realistic for straightforward claims. Complex injuries or disputed cases can stretch further still.

Stage-by-stage breakdown: what happens when

IRB Assessment Timeline: What Happens at Each Stage
StageDurationWhat actually happens
Application registered1-2 weeksIRB validates your Form A, fee payment, and medical report. Missing items delay registration.
Respondent notified90 days maxIRB contacts the respondent (usually their insurer). They decide whether to consent to assessment or not.
Documents gathered2-4 weeksIRB requests any missing evidence: updated medical reports, receipts, employer certificates.
Medical exam (if needed)4-6 weeksAppointment arranged within ~4 weeks. Doctor's report produced within ~2 weeks after.
Assessor review4-8 weeksPaper-based evaluation. Assessor maps injuries to Guidelines, calculates award.
Notice issued1-2 weeksNotice of Assessment sent to both parties simultaneously.
Decision period28 days (fixed)You have exactly 28 days to accept or reject. No extensions.

What communications to expect and when

Here's what actually arrives during the assessment process:

IRB Communications Timeline
Approx. WeekCommunicationWhat it contains
Week 0-2Application acknowledgmentConfirmation of receipt, your reference number, next steps
Week 2-4Validation confirmationApplication accepted as valid (or request for missing items)
Week 4-16Respondent consent notificationWhether respondent consented, didn't respond (deemed consent), or refused
Week 16-20Medical exam appointment (if needed)Date, time, location, doctor's name, what to bring
Week 20-24Request for additional documents (if needed)Specific items required: updated medical report, receipts, employer certificate
Week 36-52Notice of AssessmentAward figure, breakdown, 28-day deadline to respond

Weeks are approximate from application date. Your timeline may vary based on respondent response speed and medical exam requirements.

IRB Communications: What to Expect and When Timeline showing the 6 communications claimants receive during the IRB assessment process, from application acknowledgment through to Notice of Assessment IRB Communications: What to Expect and When Week 0 Week 4 Week 16 Week 20 Week 24 Week 36-52 1 📬 Week 0-2 Acknowledgment Reference number, receipt confirmed 2 ✓ Week 2-4 Validation Application valid (or items needed) 3 📋 Week 4-16 Consent Status Respondent agreed, refused, or no reply 4 🏥 Week 16-20* Medical Exam Date, time, location *If required 5 📎 Week 20-24* Doc Request Updated report, receipts, certificates 6 📜 Week 36-52 NOTICE OF ASSESSMENT Award figure + 28-day deadline to respond * Not all claims receive communications 4 and 5 — depends on case complexity. Weeks are approximate from application date.

IRB Communications: What to Expect and When

The 6 communications you may receive during your assessment. Not all claims receive communications 4 and 5.

Why assessments get delayed: the injury stabilisation requirement

The IRB won't issue a final assessment until your injury has "stabilised" - meaning your condition is unlikely to significantly change. This is the primary reason assessments extend beyond 9 months.

Signs the IRB is waiting for stabilisation:

Your medical report says "prognosis uncertain" or "awaiting further investigation." You're scheduled for surgery or specialist review that hasn't happened yet. Your symptoms are documented as "still evolving" or "not yet plateaued." Your treating doctor hasn't provided a final recovery timeline.

What you can do: Ask your GP or specialist to provide an updated report with a clear prognosis. Even if you haven't fully recovered, a statement like "symptoms expected to continue at current level for 12-24 months" gives the assessor enough to proceed.

Definition: Injury stabilisation means your condition has reached a point where it's unlikely to significantly improve or worsen. You may still have symptoms, but the trajectory is predictable enough for the IRB to assess compensation.

How to track your assessment status

The IRB has an online portal at injuries.ie where you can monitor progress:

Status indicators you'll see: Application received → Validated → Respondent notified → Consent received → Under assessment → Assessment complete

What you can do in the portal: Upload additional documents (medical reports, receipts). View messages from the IRB. Check current status. Download your Notice of Assessment once issued.

When to follow up: If your status hasn't changed for 8+ weeks and you haven't received any communication, contact the IRB on 01 620 4000 or via the portal messaging system. Delays often mean they're waiting for something - find out what.

IRB Timeline: Official vs Reality (2024)
StageOfficial targetTypical reality
Respondent consent90 days60-90 days
Assessment phase9 months from consent11.2 months average
Decision period28 days28 days (fixed)
Total (application to decision)~12 months14-18 months typical

Source: IRB Annual Report 2024 1. Your case may differ based on complexity and medical recovery.

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The independent medical examination: what to expect

The IRB commissions an independent medical exam when your treating doctor's report lacks specific prognosis, when injuries aren't clearly categorised, or when psychological symptoms are claimed. A significant portion of claimants attend one. It's a 20-40 minute verification appointment with a doctor from the IRB's panel, not your treating doctor.

What triggers an independent medical exam

Not every claim requires an independent medical examination. The IRB commissions one in specific circumstances. Based on published guidance and what we see in practice, here are the triggers:

Your treating doctor's report lacks specifics: If your GP report doesn't include a clear prognosis date or recovery timeline, the IRB needs independent verification.

Injuries aren't categorised clearly: The assessor needs to map your injury to a Guidelines bracket. Vague descriptions like "ongoing pain" don't fit neatly into categories.

There's a gap of 12+ months: If significant time has passed between the accident and your application, the IRB wants a current snapshot of your condition.

Psychological symptoms are claimed: Mental health impacts require specialist confirmation. A GP noting "anxiety" isn't enough for a psychological injury bracket.

Multiple body parts are affected: The IRB needs to determine which is the dominant injury for the "dominant + uplift" calculation.

Pre-existing conditions are mentioned: The assessor needs clarity on what's new versus what was already present before the accident.

How to reduce your chances of needing an exam: Ensure your GP report includes a specific recovery timeline, symptom severity grade, current work status, and clear injury categorisation. A thorough initial report may satisfy the IRB without an independent exam, saving 4-6 weeks.

Will You Need an IRB Medical Exam? Checklist showing the 6 triggers that cause the IRB to commission an independent medical examination. Will You Need an IRB Medical Exam? 6 Triggers That Cause the IRB to Request an Independent Examination 📊 Many claimants are called for exam 1 GP report lacks specific prognosis No clear recovery timeline or "prognosis uncertain" noted 2 Injuries not clearly categorised Vague descriptions like "ongoing pain" don't fit Guidelines brackets 3 Gap of 12+ months since accident IRB wants current snapshot of your condition 4 Psychological symptoms claimed Anxiety, PTSD, depression require specialist confirmation 5 Multiple body parts affected IRB needs to determine which is the dominant injury for calculation 6 Pre-existing conditions mentioned IRB needs to separate accident injuries from prior conditions 💡 Tip: A thorough GP report with clear prognosis may avoid the need for an exam and save 4-6 weeks

Will You Need an IRB Medical Exam?

The 6 triggers that cause the IRB to commission an independent medical examination. Check if any apply to your claim.

What happens during the exam

A significant portion of claimants attend an independent medical examination. The examination is conducted by a doctor from the IRB's Independent Medical Panel [5], not a treating doctor or an "insurance company doctor."

The Medical Assessment Form (Form B) [7] guides the examination. The doctor records your injury description, current symptoms, range of motion, and expected recovery. Here's what typically happens:

Duration: Usually 20-40 minutes. It feels brief because the purpose is verification, not treatment.

Physical tests: For soft tissue injuries like whiplash, expect range of motion assessments. The doctor will ask you to look over each shoulder, tilt your head, and note where you feel pain or restriction. Stop when it hurts. If you push through pain and show full motion, the form may record "full range" when your daily experience is limited.

Questions about daily life: The doctor asks how the injury affects your work, hobbies, sleep, and mood. Vague answers like "it hurts a lot" are less useful than specifics: "I can't lift my toddler," "I gave up running," "I can only sit at my desk for 20 minutes before needing to stand." These specifics feed into the Guidelines brackets.

Cognitive and psychological impact: Form B includes sections on mental health, concentration, and daily activities. If you're experiencing brain fog, difficulty reading, or anxiety from the accident, mention it. Many claimants focus only on physical pain and forget these elements, which is perhaps the most common oversight we encounter.

Don't exaggerate, don't minimise: Exaggeration can flag inconsistencies and damage credibility. Minimising (trying to be "tough") can lead to an undervalued assessment. Be honest about what you can and can't do on a typical day.

What Form B covers section by section

The Medical Assessment Form (Form B) [7] is the document the independent doctor completes. No competitor explains what's actually in it. Here's the section-by-section breakdown:

Form B: Section-by-Section Guide
SectionWhat it coversWhy it matters
1. DemographicsHeight, weight, hand dominance, occupationEstablishes baseline. Manual workers may have different impact than desk workers.
2. DatesDate of accident vs date of examinationGap length affects prognosis assessment. Long gaps may suggest recovery.
3. Accident detailsBrief description in your wordsCross-checked against Form A. Inconsistencies raise questions.
4. Injuries sustainedEach injury listed with location and typeMapped directly to Guidelines categories. Precision matters.
5. Treatment historyWhen you first sought treatment, from whomDelayed treatment may affect credibility or prognosis.
6. Current symptomsPhysical and psychological symptoms todayThis is what the assessor values. Be specific and complete.
7. Work statusCurrently working? Days missed? Restrictions?Feeds into special damages and severity assessment.
8. Range of motionMeasured degrees for neck, back, limbsObjective data. "Full range" may undervalue ongoing pain.
9. Daily activitiesImpact on housework, hobbies, sleep, relationshipsDetermines bracket within severity category.
10. Pre-existing conditionsAny prior injuries or conditions in same areaMay reduce award if injury accelerated existing condition.
11. PrognosisExpected recovery timelineKey factor: "substantially recovered in 6 months" vs "ongoing for 2+ years."
12. Doctor's opinionCausation link to accidentConfirms injury resulted from the incident, not other causes.

Note: This represents the typical structure of Form B based on practitioner experience. The official form is available from the IRB website. Section labels and specific content may vary.

Form B Medical Report: 12 Sections Explained Visual breakdown of all 12 sections in the IRB Form B independent medical report, showing what information the doctor records in each section FORM B Independent Medical Report | IRB Panel Doctor 12 Sections Explained 1 Patient Demographics Name, DOB, address, PPS number, occupation 2 Dates Date of accident, date of examination, time elapsed 3 Accident Details How accident occurred (claimant's account), mechanism of injury 4 Injuries Sustained List of all injuries claimed, body parts affected, severity descriptors 5 Treatment History GP visits, hospital attendance, physiotherapy, medication taken 6 Current Symptoms Ongoing pain, stiffness, limitations reported at time of examination 7 Work Status Time off work, return to work date, any ongoing work restrictions 8 Physical Examination Range of motion tests, tenderness findings, clinical observations 9 Daily Activities Impact How injuries affect daily life: sleep, driving, hobbies, household tasks 10 Pre-existing Conditions Any prior injuries to same area, previous medical history relevant 11 Prognosis Expected recovery timeline, likelihood of full recovery, future treatment 12 Doctor's Opinion Overall assessment, consistency of findings, severity classification Admin Injury facts Current state Impact Prognosis (key for bracket)

Form B Medical Report: 12 Sections Explained

The first online visual breakdown of what the IRB panel doctor records in each section of Form B.

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What happens inside the assessor's office

The IRB assessment is entirely paper-based. There's no hearing, no interview, no chance to explain your case in person. Here's what actually happens behind the scenes:

The assessor is an IRB employee: Not an external consultant, not a judge, not a medical professional. They're trained staff who apply the Guidelines methodology to your file.

They work from your documents: The assessor reviews your Form A, medical reports (treating doctor and/or independent), receipts, and employer certificates. They don't investigate. They don't contact witnesses. They value what's in front of them.

They identify the dominant injury: The assessor determines which of your injuries is most severe. This becomes the anchor for the calculation. If you have neck and back soft tissue injuries, one will be classified as dominant based on severity and prognosis.

They map to Guidelines brackets: Each injury category has defined brackets (minor, moderate, severe). The assessor places your dominant injury within a bracket based on: recovery timeline, symptom severity, impact on daily life, and prognosis.

They calculate uplift for secondary injuries: Secondary injuries add a percentage uplift to the dominant injury award, typically 10-50%. The exact percentage depends on severity and overlap with the dominant injury's impact.

They add special damages: Verified expenses, lost earnings, and other out-of-pocket costs are added to the general damages figure.

They produce the Notice of Assessment: The final document states the total award but doesn't explain the reasoning. You won't see which bracket was applied or how the uplift was calculated.

Typical assessor review time: A straightforward soft tissue claim might take 1-2 hours to assess. Complex multi-injury cases with extensive documentation can take a full day. The 4-8 week "assessor review" stage accounts for case queuing, not just your individual review time.

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How your compensation is calculated

The IRB calculates compensation using the "dominant injury + uplift" method: your most severe injury is valued within its Guidelines bracket, secondary injuries add a percentage uplift (typically 10-50%), and verified special damages are added. This replaced the old Book of Quantum approach of adding each injury's full value.

The assessor identifies your most severe injury (the dominant injury) and values it within the Guidelines bracket. Any secondary injuries don't get their full separate value added. Instead, they provide a percentage "uplift" to the dominant award. The logic is that pain from multiple injuries overlaps in time.

How the assessor determines injury severity

The critical question no one explains: how does the assessor decide whether your injury is "minor," "moderate," or "severe"? Here are the factors they consider:

Severity Determination Criteria
FactorMinorModerateSevere
Recovery timelineUnder 6 months to 2 years2-5 years5+ years or permanent
Daily activity impactTemporary limitationSignificant ongoing restrictionUnable to perform key activities
Treatment requiredGP and/or physiotherapySpecialist interventionSurgery and/or ongoing care
Work impactBrief absence or no absenceExtended absence, modified dutiesCareer change or inability to work
PrognosisFull recovery expectedPartial recovery likelyNo or minimal recovery expected

These factors interact. An injury with 18-month recovery but significant daily impact might be classified as moderate rather than minor.

How IRB Determines Injury Severity Matrix showing the 5 factors (recovery timeline, daily impact, treatment, work impact, prognosis) across 3 severity levels (minor, moderate, severe) used by IRB assessors How IRB Determines Injury Severity Personal Injuries Guidelines 2021 | 5 Factors × 3 Severity Levels FACTOR MINOR MODERATE SEVERE Recovery Timeline ⏱️ Under 6 months to 2 years 2-5 years 5+ years or permanent Daily Activity Impact 🏃 Temporary limitation Significant ongoing restriction Unable to perform key activities Treatment Required 💊 GP and/or physiotherapy Specialist intervention Surgery and/or ongoing care Work Impact 💼 Brief absence or no absence Extended absence, modified duties Career change or inability to work Prognosis (Key factor) 🔮 Full recovery expected Partial recovery likely No or minimal recovery expected

How IRB Determines Injury Severity

The 5 factors assessors use to classify injuries as minor, moderate, or severe under the Personal Injuries Guidelines.

What "substantial recovery" actually means

The Guidelines repeatedly use the phrase "substantial recovery" to determine which bracket applies. No competitor defines it:

Definition: Substantial recovery means you've returned to approximately 80% or more of your pre-accident function. You may still have occasional symptoms (twinges, stiffness, discomfort in certain positions), but they don't materially affect your daily life, work capacity, or need for ongoing treatment.

This single definition determines your bracket. For soft tissue neck injuries:

Substantial recovery within 6 months → €500-€3,000

Substantial recovery within 6-12 months → €3,000-€6,000

Substantial recovery within 1-2 years → €6,000-€12,000

No substantial recovery within 2 years → Higher brackets apply

Worked example: multiple injury assessment

Here's how the assessor might calculate a typical car accident claim with multiple injuries. This is strictly illustrative - your case will differ based on your specific circumstances.

Scenario: Rear-end collision causing neck whiplash, lower back strain, and anxiety

Worked Example: Multiple Injury Calculation
StepWhat the assessor doesResult
1. Identify dominant injuryNeck has more severe symptoms and longer prognosis than backNeck = dominant
2. Select Guidelines bracketNeck, minor soft tissue, recovery expected 1-2 yearsBracket: €6,000-€12,000
3. Position within bracketOngoing symptoms at 18 months, moderate impact on daily life€9,500
4. Calculate back upliftBack is secondary, minor severity, 20% uplift+ €1,900
5. Calculate anxiety upliftAnxiety diagnosed, mild, 10% uplift+ €950
6. Total general damagesDominant + uplifts€12,350
7. Add special damagesGP €200 + Physio €600 + Medication €150 + Lost earnings €1,650+ €2,600
8. Total assessmentGeneral + special damages€14,950

Illustrative example only. Actual awards depend on your specific injuries, medical evidence, prognosis, and documented expenses. Every case is different.

How IRB Calculates Your Compensation Step-by-step flowchart showing the IRB compensation calculation using the dominant injury plus uplift method, with a worked example totalling €14,950 How IRB Calculates Your Compensation Dominant Injury + Uplift Method | Personal Injuries Guidelines 2021 1 List All Injuries Your injuries from the accident: • Neck whiplash (18 months ongoing) • Lower back strain (12 months) • Anxiety (diagnosed, mild) 2 Identify Dominant Injury The most severe injury is: NECK WHIPLASH = DOMINANT 3 Apply Guidelines Neck, minor, recovery 1-2 years: €6,000 – €12,000 Source: Personal Injuries Guidelines 2021 4 Position Within Bracket Factors: Symptoms at 18 months, moderate daily impact, ongoing physio needed DOMINANT INJURY: €9,500 5 Calculate Uplift for Secondary Injuries Lower back (secondary, minor): 20% uplift = €9,500 × 0.20 = €1,900 Anxiety (secondary, mild): 10% uplift = €9,500 × 0.10 = €950 GENERAL DAMAGES: €9,500 + €1,900 + €950 = €12,350 6 Add Special Damages (Verified Expenses) GP visits (6 appointments): €200 Physiotherapy (15 sessions): €600 Medication: €150 Lost earnings (certificate): €1,650 SPECIAL DAMAGES: €200 + €600 + €150 + €1,650 = €2,600 7 Final Calculation General Damages: €12,350 Special Damages: + €2,600 TOTAL ASSESSMENT: €14,950 Key: Injury identification Guidelines application Uplift calculation Special damages Final total ⚠️ Illustrative example only. Actual awards depend on your specific injuries, medical evidence, and circumstances. Source: Personal Injuries Guidelines 2021, IRB Annual Report 2024 Dominant Injury + Uplift Method | Secondary injuries add % uplift, not full separate value © GM Solicitors | personalinjurysolicitorsdublin.info | January 2026

How IRB Calculates Your Compensation

The dominant injury + uplift method in action. A worked example showing how the assessor arrives at the final figure.

Old method vs new method comparison

Compensation Calculation: Old vs New Method
InjuryBook of Quantum (pre-2021)Guidelines (current)
Moderate soft tissue neck (dominant)€18,000€18,000
Minor soft tissue back (secondary)+ €8,000+ €3,000 (uplift)
Total general damages€26,000€21,000

Illustrative example only. Actual awards depend on severity, prognosis, and individual circumstances. Awards vary case by case per the Judicial Council Guidelines 2021 [3].

The IRB also assesses special damages: out-of-pocket expenses like medical bills, physiotherapy, and lost earnings. These require receipts. Loss of earnings needs a Certificate of Loss of Earnings from your employer, not just payslips. If you received Illness Benefit, the IRB deducts that amount under the Recovery of Benefits scheme. 4

One thing the statute doesn't tell you: the median motor award in 2024 was €12,541. While this increased 17% from €10,692 in 2023, awards under the Guidelines remain significantly lower than pre-Guidelines levels. 1 This catches many claimants by surprise if they're relying on older guides.

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Assessment vs mediation: which route suits you?

Since 12 December 2024, motor injury claimants can opt for IRB mediation [2] instead of the standard assessment. The Department of Enterprise announcement [6] confirmed this expansion to road traffic accidents (it was already available for employer liability claims).

Here's the practical difference:

Assessment vs Mediation Comparison
FactorAssessmentMediation
Average duration11.2 monthsSignificantly faster (target: within 9 months total)
Liability disputesRespondent must consent (admit liability)Can address contested liability
FormatPaper-based, no negotiationFacilitated discussion (usually by phone)
OutcomeOrder to Pay (fixed figure)Written Agreement (negotiated)
Cooling-off period28 days to accept/reject10 days to withdraw
ConfidentialityAward figure can be referenced in courtStrictly confidential

Sources: IRB Mediation [2]; Gov.ie [6].

Choose assessment if: Liability is fully admitted, your injury is straightforward and stable, and you're comfortable with a Guidelines-based figure without negotiation.

Choose mediation if: There's a dispute over fault (contributory negligence is alleged), your injury has psychological elements, or you want a faster resolution. Mediation is designed to resolve claims significantly faster than the assessment pathway.

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What the Notice of Assessment contains

When the IRB completes its assessment, you receive a Notice of Assessment (sometimes called an "Order to Pay"). This document sets out the breakdown of your award: general damages (pain and suffering), special damages (expenses, lost earnings), and any deductions.

What the notice includes

Total award figure: The headline number combining all components.

General damages breakdown: The amount for pain and suffering. This is where the Guidelines methodology was applied.

Special damages breakdown: Verified out-of-pocket expenses: medical bills, physiotherapy, travel costs, and lost earnings with employer certification.

Deductions: Any amounts subtracted under the Recovery of Benefits scheme (Illness Benefit, Disability Allowance, etc.).

Dominant injury identified: The notice states which injury was treated as dominant. This is usually the only insight into the calculation methodology.

Deadline for response: The 28-day acceptance/rejection deadline is clearly stated.

What the notice doesn't include

The Guidelines bracket applied: You won't see whether your neck injury was classified as minor (€500-€3,000) or minor with longer recovery (€3,000-€12,000).

The uplift percentage: If you have secondary injuries, you won't see whether a 15%, 30%, or 50% uplift was applied.

Reasoning for prognosis classification: The notice doesn't explain why the assessor concluded you'd recover in "1-2 years" versus "6 months."

Comparison to similar cases: No context about how your award compares to others with similar injuries.

This opacity frustrates many claimants. In Wolfe v Personal Injuries Assessment Board [2022] IEHC 370, the High Court confirmed that the IRB has no statutory obligation to provide detailed reasons for its assessment. The notice, combined with the published Guidelines, is considered sufficient. From what we see in practice, if you want to understand the methodology, you'll need to map your injuries against the published Guidelines categories [3] yourself or ask a solicitor to review it.

You have 28 days to accept or reject. This deadline is strict. If you don't respond, the IRB treats it as a rejection. 4

Accept or reject: what to consider

About 50% of claimants accepted their IRB assessment in 2024, the highest acceptance rate since the Guidelines began. 1 The consent rate (where respondents agree to participate) was 70% for the third consecutive year.

Factors to weigh:

If you accept: The respondent pays within 28 days. The case closes. No legal costs beyond any fees already incurred. Finality and certainty.

If you reject: The IRB issues an Authorisation to proceed to court. Court proceedings can take 2-3 additional years. You may get a higher award, but you face costs risk. Under Section 51A of the Personal Injuries Assessment Board Act 2003 [8], if your court award is not more than the IRB assessment, you may bear your own costs from the date of the assessment, even if you "win."

In my experience handling these claims, I see people reject for two main reasons: the award seems too low compared to their expectations, or the injury hasn't fully resolved and they're worried about future costs. The second reason is more defensible. If you're still recovering and can't predict your final outcome, it may make sense to reject and await medical clarity, even though it extends the process. For detailed guidance, see our page on accepting or rejecting your IRB assessment.

Recent case law on IRB assessments

Delaney v Injuries Board [2024] IESC 18

Holding: The Supreme Court confirmed that the Personal Injuries Guidelines are the primary reference for assessing general damages in personal injury claims, affirming their constitutional validity.

Why it matters: This ruling settled challenges to the Guidelines' legality. Claimants cannot argue the IRB should ignore the Guidelines or revert to Book of Quantum values. The Guidelines framework is here to stay.

Read the judgment (courts.ie) [9]

Shannon v O'Sullivan [2016] IECA 93

Holding: The Court of Appeal established that an award of general damages must be (i) fair to the plaintiff; (ii) proportionate to social conditions; and (iii) proportionate within the scheme of awards made for other injuries. Courts should begin with the most significant injury and make appropriate adjustments for additional injuries.

Why it matters: This case established principles that now guide how both courts and the IRB apply the Guidelines. If you have multiple injuries, expect the "dominant injury + uplift" methodology.

Search courts.ie judgments [10]

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Edge cases and exceptions

Psychological injuries: The IRB can now assess wholly psychological claims (e.g., PTSD, anxiety disorders) that previously went directly to court. The assessment requires a consultant psychiatrist's report confirming a diagnosed condition. "Upset" or "shock" alone doesn't qualify. The Guidelines include brackets for psychological injuries from minor to severe. 4

Multiple injuries from different accidents: Each accident is a separate claim. You can't bundle injuries from two crashes into one assessment. If you have concurrent claims, each follows its own timeline.

Injuries not yet stabilised: The IRB may delay issuing an assessment until your prognosis is clearer. This is one reason assessments extend beyond 9 months. You can't rush a "final" assessment if your treating doctor says recovery is ongoing.

Section 22 departures: In rare cases, the IRB can depart from the Guidelines if there are exceptional circumstances. These are uncommon and documented with reasons. Don't expect a departure in a typical soft tissue claim.

How to prepare for your assessment

Most of your preparation happens before the assessment phase begins, when you're gathering evidence for your IRB application. But if you're called for an independent medical exam, here's what helps:

1. Review your Form A. Refresh your memory on what you told the IRB about the accident and your injuries. Inconsistencies between your application and your exam answers can raise questions.

2. Prepare a symptom diary. Write down how the injury affects your daily life: what activities you've stopped, how your sleep is impacted, how your mood has changed. Specific details carry more weight than general complaints.

3. Bring a list of all injuries. If you mentioned back pain on Form A, mention it at the exam. Omitting an injury at the exam means it may be excluded from the assessment.

4. Consider a chaperone. You can request to have someone present. While not a statutory right, most doctors accommodate the request if you're anxious or vulnerable. Your chaperone can't speak for you but provides support and witnesses the interaction.

5. Know the outcome is verification, not diagnosis. The exam is short because the doctor is verifying and recording, not treating. Don't expect an hour-long consultation.

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Quick answers to common questions

Direct answers to the questions people ask most about IRB assessment:

How long does a PIAB/IRB assessment take?

The average IRB/PIAB assessment takes 11.2 months from respondent consent to Notice of Assessment, based on 2024 data. The official target is 9 months, but nearly half of assessments take longer. Factor in 14-18 months total from application to final decision.

Do I have to attend a PIAB/IRB assessment?

No. The IRB assessment itself is paper-based. You don't attend in person and never meet the assessor. However, a significant portion of claimants are called to an independent medical examination, which you must attend if requested. Refusing can result in an award based on limited evidence.

How is PIAB/IRB compensation calculated?

The IRB calculates compensation using the "dominant injury + uplift" method: your most severe injury is valued within its Personal Injuries Guidelines bracket, secondary injuries add a percentage uplift (typically 10-50%), and verified special damages (medical expenses, lost earnings) are added. The median motor award in 2024 was €12,541.

What happens during the IRB assessment process?

The IRB assessment is a paper-based review of your medical reports, receipts, and application. An IRB assessor (not a judge or doctor) maps your injuries to Guidelines brackets, calculates compensation using the dominant injury + uplift method, and issues a Notice of Assessment. You may be called for an independent medical exam. You have 28 days to accept or reject the assessment.

Can I appeal an IRB/PIAB assessment?

There's no formal appeal within the IRB system. If you disagree with the assessment, your option is to reject it and proceed to court, where a judge makes an independent determination. Be aware of Section 51A costs risk: if your court award isn't higher than the IRB assessment, you may bear your own legal costs.

Common questions about IRB assessment

Do I have to attend an independent medical examination?

Yes, if the IRB requests one. Refusing to attend can stall your assessment or result in the IRB issuing an award based only on existing evidence, which may be less favourable.

  • A significant portion of claimants are asked to attend
  • The IRB arranges the appointment, typically within 4 weeks
  • The doctor produces a report within 2 weeks of the exam

Why it matters: The exam feeds directly into the assessor's determination. Skipping it limits the evidence available.

Next step: If you receive an appointment letter, attend and prepare as outlined in the preparation section.

How does the IRB decide how much my claim is worth?

The IRB applies the Personal Injuries Guidelines (2021) using the dominant injury + uplift method. Your most severe injury is valued within its bracket. Secondary injuries add a capped percentage uplift, not their full separate value.

  • Brackets range from minor (€500-€3,000 for soft tissue) to severe (€100,000+ for catastrophic injury)
  • Prognosis affects the bracket: "substantially recovered" vs "ongoing symptoms"
  • Special damages (expenses, earnings) are added based on receipts and certificates

Why it matters: This methodology typically produces lower totals than the pre-2021 Book of Quantum approach.

Next step: Review the Guidelines to understand which bracket your injury may fall into.

What if I reject the IRB assessment?

You can proceed to court, but you face costs risk. The IRB issues an Authorisation allowing court proceedings. If your eventual court award isn't higher than the IRB assessment, you may bear your own costs from the assessment date.

  • Court proceedings typically add 2-3 years
  • You'll need to issue a Personal Injuries Summons
  • Section 51A costs rule applies: no uplift means potential costs exposure

Why it matters: Rejection isn't free. The costs risk means you need reasonable grounds to expect a meaningfully higher court award.

Next step: Get professional advice before rejecting, comparing the assessment against likely court outcomes.

Can I choose mediation instead of assessment?

Yes, since December 2024 for motor claims. You can opt for IRB mediation, which aims to resolve claims significantly faster than the 11.2-month assessment average.

  • Mediation can address disputed liability (assessment can't)
  • Outcome is a negotiated settlement, not a fixed figure
  • 10-day cooling-off period after agreement
  • Confidential: nothing said can be used in later proceedings

Why it matters: If you want faster resolution or there's a fault dispute, mediation may suit better than the standard route.

Next step: Contact the IRB or your solicitor to discuss opting into the mediation pathway.

How long does the IRB assessment really take?

The 2024 average was 11.2 months, not the 9-month target. Over half of claims complete within 9 months, but nearly half take longer.

  • Extensions occur for incomplete medical evidence or unstabilised injuries
  • Factor in 10-14 months for straightforward claims
  • Complex cases can stretch to 18+ months

Why it matters: Managing expectations prevents frustration. The 9-month figure is a target, not a guarantee.

Next step: Track your application status via the IRB portal and follow up if no updates after 6 months.

Will the IRB cover my legal costs?

No. IRB assessments don't include legal costs. If you accept, each side bears their own costs. If you reject and go to court, costs follow the court outcome and the Section 51A rule.

  • Many claimants use "no win, no fee" solicitors for the court stage
  • At IRB level, you can apply yourself without a solicitor
  • Complex cases often benefit from professional advice

Why it matters: Unlike court cases, there's no "costs follow the event" at IRB stage.

Next step: Decide whether to instruct a solicitor based on complexity, not the expectation of recovered costs.

What documents does the IRB review?

The IRB reviews your Form A application, medical reports, receipts, and any employer certificates. The assessment is paper-based unless a medical exam is requested.

  • GP records and specialist reports
  • Physiotherapy receipts and reports
  • Certificate of Loss of Earnings (not just payslips)
  • Photos of injuries, scene, or damage (if provided)

Why it matters: Incomplete evidence limits the assessor's view and can result in a lower award.

Next step: Gather comprehensive documentation before submitting. See our documents checklist.

Can I appeal an IRB assessment?

There's no formal appeal within the IRB system. Your option is to reject and proceed to court, where a judge makes an independent determination.

  • Rejection triggers Authorisation to proceed
  • Court isn't bound by the IRB figure
  • Costs risk applies via Section 51A

Why it matters: "Appeal" implies a review of the same decision. Court is a fresh hearing, not a correction mechanism.

Next step: If you believe the assessment is fundamentally wrong, consult a solicitor about the merits of court proceedings.

What to Consider Next

Waiting for your assessment? Use the time productively. Keep receipts for ongoing treatment. Update your solicitor (if instructed) on any changes in your condition. Don't assume "no news" means delay; check your portal or contact the IRB if you haven't heard anything in 6 months.

Received your Notice of Assessment? You have 28 days. Map your injuries against the Guidelines brackets. Consider whether court is realistic, remembering the costs risk. Read our guide on accepting or rejecting your assessment.

Considering mediation? It's faster and can handle liability disputes, but the outcome is negotiated, not formula-based. Contact the IRB or speak to a solicitor about whether mediation suits your circumstances.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.

References

All sources accessed January 2026 unless otherwise noted.

  1. Injuries Resolution Board Annual Report 2024 (injuries.ie)
  2. IRB Mediation Service (injuries.ie)
  3. Personal Injuries Guidelines 2021 (Judicial Council)
  4. Injuries Resolution Board (Citizens Information, Jan 2026)
  5. IRB Medical Professionals Information (injuries.ie)
  6. Minister Burke announces motor mediation service (Gov.ie, Dec 2024)
  7. Medical Assessment Form (Form B) (injuries.ie)
  8. Section 51A, Personal Injuries Assessment Board Act 2003 (Irish Statute Book)
  9. Delaney v Injuries Board [2024] IESC 18 (courts.ie)
  10. Courts Service Judgments Database (courts.ie)

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