The Rehabilitation Code 2015
When making a personal injury claim, the first thing that comes to mind is “compensation”. However, in personal injury solicitor Carrie King‘s experience, the person who has been injured is focussed on getting better and back to their everyday life as quickly as possible.
The aim of the Rehabilitation Code is to provide treatment to the injured person at an early stage and runs alongside the claim. Generally, the quicker the access to the appropriate treatment or therapy, the quicker and better the recovery.
The Rehabilitation Code is usually used in more complex cases, however, the Rules that govern injury claims, say that its use should be considered in all claims. This is the primary change to an older Code (1999), which excluded low value claims. It allows the solicitor acting for the injured person/Claimant and the Defendant representative to put the necessary steps in place to get the injured person treatment from the point of notification of the claim.
The Rehabilitation Code is voluntary and is paid by the Defendant, no matter if the claim is successful or not, i.e., the injured person will not be liable for the cost of treatment even if they lose the claim. Usually, if treatment is required, the injured party will be examined by an independent and qualified person to assess the immediate needs of the injured person, also known as an INA (immediate needs assessment.). It is a shame that in practice insurers remain reluctant. Likewise, it is unhelpful when they seem to abuse the Code to get an INA to make an offer before even an expert medical report has been obtained.
Use of the Code means that the Claimant is not relying on the already strained NHS to provide treatment. The treatment is private and there is no long waiting list for the appointment. The injured person is getting the care they need to make a speedy recovery. Essentially, the purpose of the Code is to attempt to put the injured person back to their pre-accident state in so far as that is possible and, of course, that is the same way that damages are supposed to be assessed.
For more information on our services, get in touch with a member of our personal injury team on 033 3344 9600 or email [email protected].
Author: Carrie King, personal injury.
