In general, with some exceptions, you have two years from the date of your accident* to start the compensation* process (that is to file a claim with the Injuries Board). For details of Injuries Board procedure click here. However, the sooner you notify the responsible party of your intention to pursue a claim* the better. Ideally you should do so within 1 month from the date of your accident*.
A formal letter sent by your Solicitor gives the person, company or organisation you hold responsible for your injury a chance to investigate the claim*. It also aims to prevent the negligent party from claiming that they have been prejudiced (disadvantaged) in any way by your delay in informing them about the claim* and perhaps just as importantly prevents the responsible party’s insurance company from refusing to provide the person, company or organisation you hold responsible for your injury with an insurance cover due to “late notification”.
Late notification may not affect your application to the Injuries Board. But it may affect your case later if you have to go to court, and you may not be able to recover your costs.
It is not unusual for people involved in manual labour to develop problems with their back, shoulder, knees etc., even though there was no particular accident* on a specific date. People often think they are not entitled to compensation* in these circumstances but if these problems arise from an unsafe system of work, they are entitled to bring a claim* and seek compensation*. In these cases, the two year period starts from the time you first attended your doctor and/or obtained medical treatment for your injury. For details on work accident* please click here.
