The Role of Rehabilitation in Personal Injury Claims

What is the purpose of rehabilitation?

After an accident, you will initially be treated on the NHS, but there could be delays or lack of resources available in arranging the rehabilitation you need on your return home. You may require intensive rehabilitation over a period of months which the NHS is not equipped to provide. Your specialist personal injury solicitor would consider with you what immediate needs you may have for aids, adaptations, treatment and adjustments.

Whilst financial compensation is an important part of the personal injury claim, the purpose of rehabilitation is to help with the physical and psychological effects of the injury to improve function, mobility and quality of life, and ultimately restore you to as independent lifestyle as possible.

As your solicitor, we would communicate your needs to the Defendant’s insurer and seek an assessment of your needs. This would be conducted under The Rehabilitation Code 2015 which provides a framework for the Defendant’s insurer and us to work collaboratively to provide treatment for you. The assessment and recommended treatment would be paid for by the Defendant on a private basis outside of the NHS provision.

The parties appoint an independent case manager to arrange, oversee and facilitate the recommendations. The case manager is often an experienced Occupational Therapist or Registered Nurse. They work closely with you to ensure that all your needs are met. For example, this could include installing handrails in your home, arranging counselling, physiotherapy, orthotics, access to a gym and swimming pool, appointing a cleaner, a taxi service or discussions with your employer to assist in a return to work.

Case study

In a knee amputation case, I appointed a case manager to assist my client with his various requirements. Some of the assistance the case manager put into place included:

• Cleaner to clean his house twice a week
• Pre-paid taxi account so he could attend his appointments
• Pre-paid gym membership
• Prosthetic provision
• Cognitive Behaviour Therapy (CBT) and Eye Movement Desensitisation and Reprocessing (EMDR) treatment
• Physiotherapy, hydrotherapy and stump tissue regeneration treatment
• Provision of equipment at home such as a TENs machine and an adapted exercise bike
• Provision of handrails, access ramps and other equipment to assist with bathing
• Advice on welfare benefits

Without the above intervention, my client would have been left to rely on inadequate NHS provision. The assistance he received by way of rehabilitation was invaluable in improving his quality of life. It also removed the stress of dealing with rehabilitation on top of dealing with the pain and discomfort caused by the injuries.

What are the benefits of rehabilitation?

From your perspective, you would receive treatment as soon as possible which would increase your chances of it being successful and enable you to return to your everyday activities. Each injured person is different, and a tailored rehabilitation programme is essential in your recovery.

From the Defendant’s insurer’s perspective, the quicker you recover, the quicker you can resume your pre-accident life and employment, resulting in reduced damages payable by the Defendant.

Rehabilitation is about more than treatment; it’s about helping you regain independence, improve your quality of life, and reduce the long-term impact of your injuries. If you or a loved one has been injured and needs expert advice on rehabilitation and compensation, contact our specialist personal injury team today on 0330 822 3451 or request a callback. At Hodge Jones & Allen, our solicitors are committed to putting rehabilitation at the centre of the claims process from the outset.