PIAB Action ex employer closing down

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Card

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I was about to start a PIAB action/process on my Dad's behalf against his ex employer, however I have just heard rumours that the employer is about to close his business, is there any point in continuing with this action?
The whole point of the PIAB process I thought was that you didn't need a solicitor hence why I am going to try my luck here rather than consulting a solicitor?
Thanks
 
PIAB only deals with cases where liability is not in dispute. If there is a dispute, then you will have to use a solicitor as there are important legal issues to be dealt with in order to present your case properly.

The fact that you employer is closing down does not matter to the claim.

It certainly matters however to the award that may be made, as if the employer has no assets, or has no insurance, then you are simply an unsecured creditor, assuming you get your judgement or assessment from PIAB before the company is finally wound up.

I mention this as just because you go to PIAB does not guarantee that you automatically receive money. You still have to over come liability and solvency/insurance
 
I appreciate the liability issues and so on surrounding the PIAB process what I am querying is chances are we won't get assessment from PIAB (if it goes this route) or judgment from a court before the company is wound down therefore can we even be unsecured creditors? Is there any way of registering our possible claim before the company is wound down?
 
"PIAB only deals with cases where liability is not in dispute"

Important addendum to this: If an insurance company allows a claim to go through PIAB, and if the insurer is not happy with the result, they can, after the PIAB process, decide to contest the case not only on quantum (i.e. the amount of compensation) but also on liability. So it might be more accurate to say that PIAB only deals with cases where liability is not yet in dispute.

This could work against an uninformed claimant. You might be in a crash, go through PIAB, have the PIAB award rejected and only then - many months after the accident - realise that you need to sort out statements from witnesses etc., which sholud have been done while the memories were fresh. Fortunately, the vast majority of claimants with PIAB do actually retain solicitors so as to negotiate this and various other pitfalls.
 
PIAB sat on my Mam's case for a year only to decide they would give her a note to go to Court. Luckily she had engaged a Solicitor, but the whole legal process is only starting now.
 
yeah that's the problem could be up to a year,I need someway of registering my possible action now, if there is any before the company dissappears
 
Card is the current employer aware of the matter/incident , if they were any type of a reputable employer they would have they reported the matter to their insurer ? Surely you Dad would have reported the matter or made his employer,union or company secretary aware of the incident.

According to PIAB rules you have two months from the date of the incident to report the matter/claim to the liable party or suffer possible costs penalties down the road.

Surprised if this is an injury claim as your Dad must have surely notified the employer as he also has a duty , but that depends on the type of work he does.
 
Hopefully the employer had insurance. If not it can be a nightmare, especially where a company is going into liquidation or dissolution.

Ensure that any injuries or symptoms have been recorded by GP.Keeping a diary helps. Also ensure all receipts etc are kept for prescriptions/physio etc.

PIAB is a mess at present.

Respondent/Insurers have 6 months to consent to an assessment of damages from the date of the Application being sent in and received by PIAB. Your dad will need to send E50 and accompanying medical evidence.

An assessment then takes presently 9 months. (Theroretically it now takes well over 15 months from the date of injury to get PIAB to assess any damages).

Further, Respondents/Insurers can then decide not to accept this figure. They can then even deny any liability for the claim, leaving a claimant the almost impossible tast to start a case from scratch. Only after an assessment is made (or if the insurers/respondent do not concede liability can you get an Authorisation to proceed to Court with a claim.

Its worth getting a proper medico legal report too, usualyy 4-6 months post accident. (Ring a local hospital and ask to speak to any secretary in an Orthopedic/Fracture clinic, they'll point you in the right direction).

The PIAB Form that is sent to your GP to fill in are a joke. Plus the doctors PIAB will seek to send you to either dont have the proper qualifications or dont care too much about you.

If there are any queries contact a solicitor.

Good luck
 
how do you mean that doctors do not have proper qualifications? surely PIAB use qualified doctors?
 
Card said:
I was about to start a PIAB action/process on my Dad's behalf against his ex employer, however I have just heard rumours that the employer is about to close his business, is there any point in continuing with this action?
Click to expand...

Has your father made a claim to the Dept of Social Welfare for Occupational Injury Benefit/ Disablement Benefit. These schemes are completely separate from his other claim.

http://www.welfare.ie/publications/sw30.html
http://www.welfare.ie/publications/sw31.html
 
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