Compensation awards of up to €300,000 for serious injuries are provided for in new guidelines published by the Personal Injuries Assessment Board (PIAB), which began work this week.
The PIAB's book of quantum sets out the range of compensation to which people may be entitled for specific injuries caused by others. The routing of personal injuries claims through the PIAB will lead to a fall in insurance costs of up to 40 per cent, the Tánaiste has predicted.
The top awards of €300,000 in the book of quantum are for spinal cord injuries resulting in quadriplegia or paraplegia.
Compensation ranging between €130,000 and €180,000 is proposed where claimants suffer injuries resulting in the amputation of both legs; where the amputation is below the knee the amounts range between €121,000 and €171,000.
The loss of one leg attracts compensation of €104,000 to €136,000 where the amputation is above the knee; €94,6000 to €127,000 where it is below the knee. The loss of a foot is €81,000 to €120,000, while compensation for the amputation of a big toe is set at €31,800 to €49,900.
The compensation proposed for a fractured nose is €14,900 to €19,600, while the value of a lost tooth is put at €5,300 to €12,800.
The worst forms of wrist injury, such as repetitive strain injury (RSI), are valued at €26,000 to €88,600.
Independent consultants compiled the information using data from recent cases provided by the courts, insurers and the self-insured. All claims must be supported by medical evidence.
The guideline amounts payable for injuries to each body organ are graded according to their severity. The PIAB says that even within these grades the actual degree of severity can vary considerably, and the same injury can have different consequences for different people.
The amounts only refer to compensation for pain and suffering; where appropriate additional awards may be made for past and future loss of earnings, medical bills and the future cost of medical care.
In the case of multiple injuries, the most significant injury will determine the general amount of compensation, with minor adjustments being made for additional injuries. The PIAB says it is "not appropriate"" to add up values for different injuries in calculating the overall award.
Each section grades injuries into three ranges. The least severe grade covers injuries from which a person has "substantially recovered". In the "significant ongoing" category an injury has resulted in some permanent incapacity or limitation that restricts a person's lifestyle.
The most serious category applies when an injury results in "serious and permanent conditions" that cause major disruption to a claimant's lifestyle.
Thus, the award for a neck injury can vary from up to €14,400, where the victim has substantially recovered within a year, to €59,400 to €78,400, where the injury results in serious continuing pain.
The PIAB offers an independent compensation assessment service, but only where legal issues are not in dispute. While all compensation claims for workplace injuries must be submitted to the new body, contested cases will go to the courts.
The board does not make any compensation payments itself; where compensation is agreed this is paid directly to claimants by those at fault.
The full text of the book of quantum is available on The Irish Times website at: ireland.com.
