Fracture Injury Claims in Ireland: Compensation, Evidence and the IRB Process

Fracture injury claims in Ireland are valued under the Judicial Council Personal Injuries Guidelines (Updated April 2021), which replaced the earlier Book of Quantum. General damages for fractures range from €500 for a minor break with full recovery to over €165,000 for severe pelvic or spinal fractures with permanent disabilities. Under the Personal Injuries Assessment Board Act 2003 , all fracture claims (except medical negligence) must go through the Injuries Resolution Board (IRB, formerly PIAB) before court proceedings can begin, and you have two years from the date of the accident or date of knowledge to start the process.

This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.

What is a fracture injury claim?

A fracture injury claim is a compensation claim for a broken bone caused by someone else's negligence in a public place, a shop, a workplace, or any premises where the occupier owed you a duty of care under the Occupiers' Liability Act 1995 (Updated 2023) [1]. The claim covers both general damages (pain and suffering) and special damages (medical bills, lost earnings, travel costs, future surgery).

Fractures are among the most common serious injuries in public liability claims in Ireland. They frequently result from slips, trips, and falls on wet floors, uneven surfaces, defective footpaths, and poorly maintained stairs. A falling object in a shop can cause skull or arm fractures. Poorly lit car parks and gym premises also generate fracture claims regularly.

A detail that catches many claimants off guard: the same bone broken in two different ways can produce vastly different compensation outcomes. A clean mid-shaft wrist fracture that heals in six weeks might attract €12,000 to €20,000. A displaced intra-articular wrist fracture requiring surgery and carrying a 60% risk of future arthritis could reach €40,000 to €60,000 under the same Guidelines chapter. The fracture classification matters as much as the bone itself.

What types of fractures affect your compensation?

The classification of your fracture directly determines which compensation bracket applies under the Judicial Council Personal Injuries Guidelines ¹. Courts and the IRB don't simply ask "which bone broke?" They assess the fracture's complexity, the treatment required, and the long-term prognosis.

The distinction between intra-articular and extra-articular fractures is one of the single biggest valuation drivers in Irish fracture claims. An intra-articular fracture extends into the joint surface, such as the tibial plateau (knee), the acetabulum (hip socket), or the distal radius (wrist). Damage to the smooth cartilage surface of a joint carries a near-certainty of post-traumatic osteoarthritis developing within 5 to 15 years. Courts recognise this future risk, and it regularly pushes the claim into the "serious" or "severe and permanent" bracket under the Guidelines.

Common fracture scenarios in public liability claims

The Six-Factor Fracture Valuation Framework

Six medical and legal factors determine where your fracture claim sits within the compensation brackets under the Judicial Council Personal Injuries Guidelines ¹. Understanding these factors helps you assess whether an IRB offer fairly reflects your injury, or whether rejecting it and proceeding to court is the right decision.

The Six-Factor Fracture Valuation Framework isn't a legal formula. It's a practical way to understand how the same type of fracture can produce very different compensation outcomes depending on the clinical and occupational reality of each case. The orthopaedic medico-legal report is the document that captures all six factors and translates them into the language courts use to place your injury within a specific Guidelines bracket.

How much compensation for a broken bone in Ireland?

According to the Judicial Council Personal Injuries Guidelines (2021), general damages for fractures in Ireland range from €500 to over €165,000 ¹, depending on the body region, fracture severity, and long-term prognosis. The proposed 16.7% inflationary uplift is not in force. The Government signalled in July 2025 that it would not seek Oireachtas approval for the revised brackets, so the original 2021 figures remain the current legal standard.

The brackets above cover general damages only (pain and suffering). Special damages, such as medical expenses, physiotherapy, lost earnings, travel costs, and future care needs, are calculated separately and can add substantially to the total settlement. A comminuted wrist fracture may constitute a moderate inconvenience for an office worker, but it can permanently reduce the earning capacity of a carpenter or electrician. Vocational assessments calculate the lifelong occupational impact, routinely adding tens of thousands of euro to the special damages component.

According to the IRB Award Values Report (Updated April 2025) [9], the IRB processed over 20,000 personal injury claims in 2024 with an overall average award of €18,967 and a median of €13,000. Public liability claims had a median award of €13,660, up 10% from 2023 but still 35% below the pre-Guidelines 2020 figure. The gap between average and median reveals that most awards cluster toward the lower brackets (soft tissue injuries and minor fractures), while a smaller number of severe fracture claims pull the average upward. Fractures requiring surgery regularly fall in the top quartile of awards.

How long does a fracture take to heal, and why does it matter for your claim?

Recovery duration directly affects both the Guidelines bracket and the timing of your claim. Settling before the fracture reaches maximum medical improvement risks undervaluing future complications. The table below shows typical healing timelines and their impact on when your claim should be finalised.

Timelines are approximate and vary by individual. "Typical healing" refers to bone union. "Prognosis stable" is the point at which the orthopaedic consultant can give a definitive long-term outlook, including arthritis risk and future surgical needs. Settling before this point risks undervaluing the claim under the "once and for all" rule.

One aspect the official guidance doesn't cover: settling before your orthopaedic prognosis is clear can permanently undervalue your claim. Irish tort law applies the "once and for all" rule. You cannot return for additional compensation later if your condition deteriorates. A fracture that seems well-healed at 12 months may develop post-traumatic arthritis at 3 to 5 years. Waiting for the full prognosis before accepting any assessment is one of the most important decisions in a fracture claim.

How are multiple fractures valued?

Courts don't simply add up the maximum values for each fracture. According to the Guidelines' introductory principles, the adjudicator must use a "dominant injury" approach: identify the most significant injury, value it within the appropriate bracket, and then apply a proportional uplift for the additional pain caused by lesser injuries. A discount of 25% to 33% is typically applied for overlapping symptoms ¹.

In Dean Keogh v Maria Byrne [2024] IEHC 19, Coffey J assessed a severely displaced fracture of the radius and ulna as the dominant injury, placing it at the lower end of the "severe" category. Secondary injuries totalling €45,000 in standalone value received an uplift of €30,000 after the overlap discount was applied.

In McHugh v Ferol [2023] IEHC 132, complex intra-articular metatarsal fractures were valued at €60,000 as the dominant injury. Murphy J applied an uplift of €32,500 for secondary injuries (back, hip, PTSD), after a discount for the overlapping nature of the pain and recovery.

The practical implication: if you've suffered multiple fractures in a slip and fall or falling object incident, each injury still contributes to your total award. But the increase isn't proportional. The uplift for the second fracture is always less than its standalone value.

What evidence do you need for a fracture claim?

A fracture claim requires two categories of evidence: evidence that the occupier was negligent (liability evidence) and evidence of the fracture's severity and impact (medical evidence). Both must be gathered quickly, because key evidence, such as CCTV, is routinely deleted within 14 to 30 days.

The first 48 hours: what to do immediately after a fracture in a public place

1) Attend A&E or your GP and request an X-ray. Describe exactly how the accident happened so it's recorded in your medical notes.

2) Photograph the hazard (wet floor, broken step, uneven surface, defective area) on your phone before it's cleaned up or repaired.

3) Ask the premises manager to record the incident in the accident report book. Get a copy or photograph the entry.

4) Write down the names and contact details of any witnesses, including staff members who were present.

5) Send a written CCTV preservation request to the premises. A GDPR subject access request gives you a legal right to footage of the incident. Do this within 7 days, as commercial CCTV is typically overwritten within 14 to 30 days.

6) Keep every receipt from the start: A&E charges, prescriptions, crutches, taxi fares, parking at the hospital. These form the basis of your special damages.

7) Do not give a recorded statement to the occupier's insurer without legal advice. Early statements are frequently used to argue contributory negligence.

Liability evidence (proving the occupier's negligence)

The Occupiers' Liability Act 1995 ⁷, as amended by the Courts and Civil Law (Miscellaneous Provisions) Act 2023 [2], imposes a five-factor test for assessing whether an occupier breached their duty of care to a lawful visitor. Under the amended Act, courts now explicitly assess the probability of the danger existing, the probability of injury, the probable severity of injury, the cost and practicability of precautions, and the social utility of the activity giving rise to the risk.

Gather the following as soon as possible after your accident:

1) Request CCTV preservation in writing within 7 days. A GDPR subject access request to the premises gives you a legal right to footage of the incident.

2) Ask the premises for a copy of the accident report book entry. Record the names of any staff present.

3) Photograph the hazard, such as the wet floor, the uneven surface, the broken step, or the defective area, before it's repaired.

4) Get contact details of any witnesses.

5) Request maintenance and cleaning logs through your solicitor. These records show whether the occupier was carrying out regular inspections.

Medical evidence (proving the fracture and its impact)

Your treating GP completes Form B for the IRB application, documenting your injuries and treatment. Form B is necessary to get the process started, but it's rarely sufficient to capture the full value of a fracture claim.

The difference between assessment and acceptance often comes down to the independent orthopaedic medico-legal report. An orthopaedic consultant examines you independently, reviews your imaging (X-ray, CT, MRI), and produces a court-compliant report covering the fracture classification, surgical intervention, prognosis, risk of post-traumatic arthritis, future surgical needs, and the functional impact on your daily living and employment. This report is what moves your claim from a generic bracket into the specific tier that reflects your actual injury. Without it, the IRB applies a generic, frequently undervalued assessment.

How do you make a fracture injury claim in Ireland?

All public liability fracture claims in Ireland must be submitted to the Injuries Resolution Board ⁴ (IRB, formerly PIAB) before court proceedings can begin, except for medical negligence claims, which go directly to court. The IRB process follows a prescribed statutory sequence.

Step 1: Seek treatment and preserve evidence. Attend your GP or A&E as soon as possible. Request X-rays and, if pain persists, an MRI. Preserve CCTV and document the hazard.

Step 2: Serve a Section 8 letter. Under Section 8 of the Civil Liability and Courts Act 2004 ², notify the occupier (or their insurer) in writing within one month of the accident. Missing this won't invalidate your claim, but the court can draw adverse inferences and penalise you on legal costs.

Step 3: Apply to the IRB. Submit Form A (claim details), Form B (GP medical report), your PPS number, and the €45 online fee (€90 by post/email). A complete application suspends the two-year limitation clock under Section 50 of the PIAB Act 2003.

Step 4: IRB assessment. The respondent has 90 days to consent to assessment. The median assessment timeline is 9 to 11 months. The IRB also offers a free mediation service for public liability claims, available since May 2024 ³.

Step 5: Accept or reject. You have 28 days to accept or reject the assessment. The respondent has 21 days. If both accept, the IRB issues an Order to Pay. If either rejects, the IRB issues an Authorisation, giving you six months to issue court proceedings.

What is the time limit for a fracture claim?

Under the Statute of Limitations Act 1957 (as amended), you have two years from the date of the accident, or from the date of knowledge, to begin a fracture injury claim in Ireland. The date of knowledge matters when a fracture's full significance isn't apparent immediately. See time limits for public liability claims for full details.

Scaphoid fractures are the clearest example of why the "date of knowledge" rule exists. The scaphoid is a small bone at the base of the thumb, and fractures to it are notoriously difficult to detect on a standard A&E X-ray. A claimant who falls on an outstretched hand in a shop may be told they have a wrist sprain and sent home. Weeks or months later, persistent pain leads to an MRI that reveals the fracture. In this situation, the two-year clock runs from the MRI diagnosis date, not the original accident date, because that's when the claimant first knew (or should have known) the injury was a fracture. Scaphoid fractures that go undetected can progress to non-union or avascular necrosis, significantly increasing the claim's value.

Children's claims follow different rules. The two-year clock doesn't start until the child turns 18, and a parent or guardian brings the claim as "next friend" in the meantime. See child public liability claims.

A separate entitlement that most fracture claim guides overlook: if your fracture occurred during a workplace accident, you may also qualify for Injury Benefit ¹⁵ through the Department of Social Protection. Injury Benefit pays a weekly amount for up to 26 weeks while you're unfit for work, and it's entirely separate from your personal injury compensation claim. Be aware, however, that certain illness-related social welfare payments can be recovered from the compensation award under the Recovery of Certain Benefits and Assistance Scheme. The recovery is taken from the compensator, not from the injured person ³.

Can you claim if you were partly at fault?

Yes, you can still claim compensation even if you were partly responsible for the accident. Under the Civil Liability Act 1961 (Act No. 41) [3], your award is reduced by your percentage of fault. Running on a wet floor in a restaurant, ignoring a warning sign, or wearing inappropriate footwear on a surface you knew was uneven could all constitute contributory negligence.

The occupier may also raise the "voluntary assumption of risk" defence under Section 5A of the Occupiers' Liability Act 1995 (as amended in 2023). Under this provision, an occupier owes no duty of care to a visitor who willingly accepts a risk, and this acceptance can now be inferred from the visitor's words or conduct alone. The practical response: document clearly that the hazard was not obvious and that no warnings were present.

Common insurer arguments in fracture claims

Occupiers' liability insurers typically deploy four arguments to reduce or defeat a fracture claim. The hazard was "open and obvious" and a reasonable person would have avoided it. The claimant's own footwear, speed, or inattention caused or contributed to the fall. Pre-existing age-related bone conditions (osteoporosis, osteopenia) would have caused the fracture regardless. The maintenance logs show the premises were inspected at reasonable intervals, and the hazard appeared between inspections. Anticipating these arguments during evidence gathering, particularly by preserving CCTV, photographing footwear, and obtaining the occupier's inspection schedule, strengthens your position before the insurer raises them.

What if your fracture doesn't heal properly?

Non-union (failure to heal) and malunion (healing in a deformed position) can substantially increase the value of a fracture claim and may create a separate legal pathway. Research published in Orthopedic Reviews indicates that up to 20% of fractures may experience some form of defective healing.

Non-union occurs when the bone fragments fail to reconnect after an extended period, often requiring bone grafting or additional surgical procedures. Malunion means the fracture heals in a non-anatomical position, potentially causing limb shortening, rotation, or permanent gait changes. Both complications push the claim into the "severe and permanent" bracket under the Guidelines.

There's also a crossover scenario. A fracture that fails to heal because of a missed or delayed diagnosis in A&E may support two separate claims: the original personal injury claim against the occupier who caused the accident, and a medical negligence claim against the healthcare provider who mismanaged the fracture. Medical negligence claims bypass the IRB entirely and proceed directly to the High Court.

The risk of avascular necrosis (bone tissue death from lost blood supply) is particularly acute in scaphoid fractures of the wrist and fractures of the femoral head. Settling before these complications are ruled out permanently undervalues the case under the "once and for all" principle in Irish tort law.

Children's fracture claims

Children's bones break differently to adult bones, and the legal process follows different rules. Greenstick fractures, where the bone bends and partially breaks without fully separating, are common in children under 10 because their bones are softer and more flexible. Growth plate (physis) fractures carry a unique risk: damage to the growth plate can impair proper bone development, potentially causing lifelong limb length discrepancy or angular deformity.

The limitation period for children's fracture claims doesn't begin until the child reaches 18. A parent or guardian brings the claim as "next friend." Any settlement for a child must be approved by the court to confirm it's in the child's best interests. See claims on behalf of a minor for the full process.

Growth plate fracture claims present a particular challenge: the full extent of the injury may not be apparent until the child reaches skeletal maturity. The orthopaedic report needs to address the projected impact on bone growth, which may require follow-up imaging over several years before the claim can be properly valued under the Six-Factor Fracture Valuation Framework.

Pre-existing conditions and the eggshell skull rule

A pre-existing condition like osteoporosis or osteopenia doesn't reduce your compensation. Under the "eggshell skull" doctrine in Irish tort law, the defendant takes the plaintiff as they find them. If you're 70 and a fall on a defective footpath causes a hip fracture that wouldn't have occurred in a younger person, the occupier is liable for the full extent of the injury.

The Guidelines acknowledge this principle. Where a pre-existing condition has been aggravated by the accident, the court assesses only the extent and duration to which the condition was worsened by the incident, not the condition itself. For elderly slip and fall claims, fractures frequently involve longer recovery periods, higher surgical risk, and greater loss of independence, all of which push the claim into a higher bracket.

Ireland vs UK: key differences in fracture claims

Irish fracture claims operate under different rules than UK claims, and online guides frequently mix the two. In Ireland, the limitation period is two years (not three as in England, Wales, and Northern Ireland). All claims must go through the Injuries Resolution Board before court (the UK has no equivalent mandatory pre-court assessment body). Compensation brackets follow the Judicial Council Personal Injuries Guidelines (2021), not the UK's Judicial College Guidelines. The personal injury jurisdiction cap for the Circuit Court in Ireland is €60,000, not the UK equivalent. Any guide citing "three years," "Judicial College," or pounds sterling is applying UK law, not Irish.

Frequently asked questions

Related questions

References

1. Judicial Council. Personal Injuries Guidelines (2021). judicialcouncil.ie
2. Houses of the Oireachtas. Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Act No. 18). irishstatutebook.ie
3. Citizens Information. Injuries Resolution Board (Updated 2025). citizensinformation.ie
4. Injuries Resolution Board. Rules and Legislation. injuries.ie
5. Houses of the Oireachtas. Civil Liability and Courts Act 2004 (Act No. 31). irishstatutebook.ie
6. Citizens Information. Injury Benefit (Updated 2026). citizensinformation.ie
7. Houses of the Oireachtas. Civil Liability Act 1961 (Act No. 41). irishstatutebook.ie
8. Houses of the Oireachtas. Occupiers' Liability Act 1995. irishstatutebook.ie
9. Courts Service. Understanding Personal Injuries. courts.ie
10. Houses of the Oireachtas. Personal Injuries Assessment Board Act 2003 (Act No. 46). irishstatutebook.ie
11. Injuries Resolution Board. Personal Injuries Award Values Report H2 2024. injuries.ie
12. Delaney v Personal Injuries Assessment Board [2024] IESC 10.
13. Dean Keogh v Maria Byrne [2024] IEHC 19.
14. McHugh v Ferol [2023] IEHC 132.
15. Collins v Parm [2024] IECA 150.
16. Lipinski (A Minor) v Whelan [2022] IEHC 452.

This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.