Rehabilitation is a key component in all types of personal injury cases, providing much needed treatment and support to the injury victim and satisfying the desire by both compensators and claimants to optimise recovery.
Compensators will be keen to support rehabilitation where they are likely to be making a payment to the Claimant and want to ensure that the Claimant makes the best possible recovery.
A revised Code for Rehabilitation was published in 2015, which reinforces the original code (first published in 1999) and provides an approved framework for injury claims "within which Claimant representatives and compensators can work together."
The purpose of the Rehabilitation Code, especially in relation to life changing injuries, is to promote the use of rehabilitation for the injured party at a very early stage in the compensation process.
All potential rehabilitation cases will be subject to the same ten "markers" which should be taken into account when assessing rehabilitation needs:
- Pre-accident physical and psycho-social issues
- Return to work/education
- Dependants living at home
- Mental capacity
- Short and long-term daily living activities
- Realistic goals
- Fatalities/witnessing a major trauma
- How long ago the accident occurred
The Code is also now accompanied by a Guide for Case Managers who become involved in the higher value more complex injury cases. They are independently appointed under the Code and usually have a background of nursing or occupational therapy.
The Case Manager's Guide includes an emphasis on the importance of goal setting and ensuring long term and short term goals are SMART.
Copies of the new Code and Guide can be downloaded from the IUA Website: www.iua.co.uk.
The Code is welcomed by both Claimant and Defendant representatives and ensures that rehabilitation is addressed as a priority, especially where is there is no dispute upon liability for the accident.
We shall discuss with you any rehabilitation needs you have as consequence of your injuries to ensure that any appropriate needs are assessed and treatment arranged (funded by the Defendant insurers) as soon as possible.
Chartered Legal Executive
+44 (0)1392 334017