Rehabilitation after a serious injury

It is well known that early intensive rehabilitation after a serious injury maximises a patient’s recovery. My client’s will often ask me whether they are entitled to private medical treatment as a result of their injury. Whilst trauma teams at the NHS hospital may offer the best medical care initially post accident, the intensive rehabilitation required for months and months after by a patient is not abundantly available on the NHS due to a lack of resources.

From a claimant’s perspective the sooner they can get the therapy and treatment required, the more effective the treatment can be. In turn this can maximise recovery and their chances of being able to do things they did before such as working, socialising and in some cases sporting activities.

For defendant insurers, ultimately this means a claimant who is able to get back into work sooner would mean that the damages are reduced.

Rehabilitation Code and Claims Process

The Rehab Code 2015, promotes and encourages the claimant solicitors and the defendant representatives to put steps in place for the claimant to get the treatment they need from the point of notification of the claim. This enables both parties to work collaboratively.

In all cases in which we are instructed, we make early contact with the defendant’s representative and in the initial letter of claim invite them to engage with us and the rehabilitation process at an early stage.

Often a case manager is agreed between parties and an Immediate Needs Assessment (INA) is put in place. The assessment will consider the effect of injuries on activities of daily living, effect on ability to work and appropriate rehabilitation recommendations will be made.

One of the main factors which determines whether a defendant insurer is likely to engage with funding rehabilitation is liability. If liability is clear a defendant insurer is more likely to engage in funding treatment as opposed to a claim where liability may not be straightforward and one which may require further investigations.

Obtaining liability related evidence early will assist with this. However, in some cases the police or Health and Safety Executive are unable to release documents whilst investigations are ongoing. This can in some cases cause delays to the claimant’s rehabilitation.

An early interim payment is routinely also requested to alleviate the financial stress such an injury inevitably causes.

Where liability is in dispute and no funds are available for rehabilitation, solicitors usually request an early interim payment. If this is refused and there are sufficient prospects in the claim, we would issue court proceedings to make a formal application for an interim payment for funding for rehabilitation.

It is also worth noting, rehabilitation also covers recommendations recommended by medical experts. Medical experts can recommend, aids and equipment, therapy such as physiotherapy or psychological therapy. In some cases, medical experts may also recommend that the claimant undergoes surgery through the life of the case. If liability is agreed, the defendant may be more inclined to agree to cover the cost of this privately. This would be in the claimant’s best interests to avoid delays to a claimant’s treatment and recovery.

If you have been injured as a result of an accident at work or road traffic accident, please contact our specialist team who are experts in this field, and who will consider the merits of your claim.