Written answers

Thursday, 23 May 2024

Department of Enterprise, Trade and Employment

Personal Injury Claims

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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79. To ask the Minister for Enterprise, Trade and Employment if he will report on the initial response to the introduction of mediation for workplace accident claims; and if he will make a statement on the matter. [23058/24]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The reform and enhancement of the Injuries Resolution Board, with the overarching aim to have more claims settled through the agency, has been a priority for me since taking office. This reform was achieved through the Personal Injuries Resolution Board Act 2022.

One of the key measures introduced in the Act was the provision of mediation as a new service being offered by the Board. Mediation is widely recognised as an effective way of resolving disputes quickly and in a cost-effective manner.

As envisaged by the Personal Injuries Resolution Board Act 2022, the Board’s mediation service is being introduced on a phased basis. Mediation for employer liability injury claims was introduced by the Board on 14 December 2023. This was extended to public liability injury claims on 8 May 2024, and will be extended to motor liability injury claims later in the year.

The mediation service is in its infancy and under the legislation respondents have up to 90 days to respond to a notice of claim so it will take time to see trends. Initial engagement with stakeholders has been positive, and figures indicate some 37% of claimants so far are opting for mediation with regard to employer liability claims which is a very strong and positive initial response.

The Board has put in place a panel of professionally trained mediators to provide this service, which is entirely voluntary and wholly confidential for both claimants and respondents.

The Board recently concluded its first successful mediation with the claimant having their claim resolved in only four months. This compares extremely favourably against over four years of costly and stressful litigation, had it had to go to court.

I expect that mediation alongside the recent Supreme Court judgement deeming the Guidelines constitutional brings clarity and provides for a consistent personal injury awards system in our country. It is now the responsibility of insurers to reflect this in reduced insurance premiums.

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