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Claiming for rehabilitation in a personal injury claim

View profile for Shahina Sakeria
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How can a personal injury affect my life?

The purpose of the personal injury claims process is to restore the affected individual as far as it is possible to the position they were but for the accident.

Rehabilitation is a process of assessment, treatment and management by which the affected individual (and their family if required) are supported to help them get back, keep or improve abilities that they need for daily life. These abilities may be physical, psychological and/or cognitive (thinking and learning). 

The need for rehabilitation will depend on the injuries an individual has suffered and whether the NHS is able to provide the treatment within a reasonable timeframe. We will carefully consider whether and what type of rehabilitation is required in each case.

Whilst the NHS does a fantastic job looking after people and providing care to those who are injured, covid, strikes and long waiting lists have meant that the NHS do not always have the funding or resources to put treatment in place immediately.

The Rehabilitation Code 2015 provides guidance allowing the solicitors for the injured person and the compensator to jointly put steps in place for the affected individual to get the treatment/therapy they require.

Both sides can agree to work together for this to be arranged or an independent rehabilitation service provider (who will instruct an individual case manager) can be instructed to carry out the relevant needs assessment. All of this can sometimes be done even before a liability decision has been received.

We would first talk with you to find out what you want to achieve, as rehabilitation needs for each individual may vary. Some people may want to focus on being able to return to work whereas others may want to become independent in their needs. Once we have understood your needs and what you would like to achieve from rehabilitation, we can then work together to help you access the treatment you require.

Advantages of undergoing case manager led rehabilitation:

  • No need for a formal medical report to be obtained in order for any treatment to be recommended.
  • An initial needs assessment is carried out which will then detail any recommended treatment required. This assessment is carried out by a suitably qualified and experienced person who will liaise with the individual client and/or family before making any recommendations. Recommendations may include undergoing treatment such as physiotherapy/psychological support, adaptations to be made at home, any aids required, or changes to be made at work so they can continue working.
  • Access to treatment is prompt, with the intention of making a swift recovery without delays.
  • The treatment can sometimes be paid for by the compensator and therefore the individual does not need to worry about funding the treatment.

If you have been involved in an accident through no fault of your own and you would like some advice on pursuing a personal injury claim, then our specialist personal injury solicitors are on hand to guide you through the process of making a claim and secure the necessary rehabilitation for you. Please call us on 0161 696 6235 or complete our online enquiry form.