The Law Society has written to every solicitor in the State advising them to bring all employers' liability cases to court by June 1st, before the Personal Injuries Assessment Board (PIAB) commences its role. From June 1st all work-injury cases against employers will first have to be submitted to the PIAB for assessment, writes Kitty Holland.
It is hoped the PIAB will produce a satisfactory settlement in most cases in order to reduce the number of such claims entering into the courts. From September, the board will also deal with all road, traffic and public liability claims.
The president of the Law Society, Mr Gerard Griffin, has written to the estimated 6,500 practising solicitors to inform them that the society remained opposed to the PIAB "on the grounds of principle".
"The establishment of the PIAB is a triumph for the defence interest - particularly that of the powerful business and insurance lobbies - over that of the victims," he wrote. "In short, the Personal Injuries Assessment Board Act 2003 forces people seeking compensation for personal injuries into a system that is designed to disadvantage them."
PIAB expects to be able to settle claims where the issue of liability is not in question and to deliver compensation without the legal costs and expert fees which insurance companies estimate add over 40 per cent on average to the cost of a claim.
Chairwoman of the PIAB Ms Dorothy Dowling argues that while 90 per cent of personal injury cases start with litigation, just 10 per cent of these go to court, and that solicitors and barristers, in the majority of cases, are not needed.
Claimants to the board will have to complete a submission with a fee of € 50, include a medical report to outline the nature of their injuries and to detail any other financial losses.
Mr Griffin, however, raises questions about the protection of injured parties without the services of a solicitor, and says in his letter that claimants need a solicitor "prior to and throughout the process of making applications to the PIAB".
"Because the issue of liability can be resurrected by the defence once the PIAB assessment has been made, in reality liability remains an issue until that case is either settled or determined," he continues. "It would be a very foolish claimant who would not retain a solicitor to protect their interest in a process with such a clear anti-claimant bias."
Rules on accessing the PIAB became available last week and can be accessed at www.piab.ie.