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Road to recovery with the Rehab Code

• Feb 7, 2023
• Latest Journal

Getting life back on track following a no fault injury - New Forest solicitors Simpkins & Co explain how the Rehab Code can help

Helping the injured party make the best possible, quickest recovery
When someone suffers a personal injury through no fault of their own, their first thoughts will probably not be about claiming a cash payout, especially if their injuries are life-changing, but more along the lines of “how am I going to get my life back on track?”

The Code’s purpose is to help the injured party make the best possible, quickest recovery. The Code aims to try and help the injured person get back to their original position (or as close as possible) before the accident happened, attempting to prevent injuries from becoming chronic or for the symptoms to worsen.  It’s recognised that the earlier an injured person receives treatment, e.g. physiotherapy, CBT and EMDR, the better the chance they have of a full or as full as possible recovery.

Due to financial restraints, the NHS cannot always provide the intensive rehabilitation some people need, but private treatment comes at a high cost. This is where the Code can help all parties involved.  

Someone injured, for example, in an RTA because of another driver’s negligence, could request early on in the claims process, that private treatment be paid for by the negligent driver’s, or defendant’s, insurance company. Even if it had not yet been agreed who was responsible for the accident, the Code can still be used to get the injured person the rehab they need. Where rehab is provided under the Code, and the claim later fails, the insurers will not seek to recoup the cost of the rehab.

A claim does not even need to have been issued before an insurer offers rehab. This was the case with the Alton Towers accident in 2015 where the victims were reportedly given monetary assistance shortly after the accident to help with their rehabilitation. This could also apply to employers who want to offer an occupational health assessment and treatment to an employee after a reported accident at work.  

This helps both sides; the injured person can access the relevant treatment sooner and make a better or quicker recovery, and this consequently could have a positive financial benefit for the insurer, such as a reduced loss of earnings claim by the injured party because they were able to return to work sooner due to the early rehab.

The claimant’s lawyer must provide as much information as possible to the defendant’s legal team regarding their client’s injuries and the impact of those injuries on their life. If it is agreed that the claimant would benefit from a privately funded treatment and rehab plan, this is put in place as soon as possible.

The Code has 10 areas to consider when assessing a claimant’s rehab needs including; age, pre-existing conditions, mental capacity, dependants living at home and return to work issues.

The Code’s guidance is always considered on a case-by-case basis. Some injuries which are not catastrophic could still be considered life-changing for some claimants. Where there is a serious injury suffered, the Code says that the injured party must be assessed by a Case Manager or a specialist rehab professional. A full report will set out their recommendations, potentially giving a seriously injured person speedy and fully-funded access to private rehab which they may have had to wait for on the NHS.

Contact us to find out whether you have a claim
At Simpkins & Co, we are experts in all types of personal injury compensation claims including RTA’s, accidents at work and accidents in public places. We also specialise in medical negligence claims, employment law and family law. Our Polish-speaking lawyers are on hand to assist our growing client base from the Polish community within England and Wales.

Contact us on 01425 275555 or email or complete a contact form on our website  
www.simpkinsandco.uk/contact-us.
All enquiries are confidential and there is never any pressure to pursue a claim.