The Rehabilitation Code - Why Rehabilitation Is at the Heart of a Personal Injury Compensation Claim

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by: bluespeckmedia
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Date: Sat, 21 Jan 2012 Time: 12:17 AM
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Insurers, solicitors and claimants alike, have all had to battle with the negative connotations associated with the personal injury compensation claim. Yet many claimants will be unaware that the justice system in England and Wales has worked hard to eliminate these misconceptions by shifting the focus back onto the legitimate purpose of making a claim; the well-being and recovery of the claimant.

The Rehabilitation Code, first published in 1997 and revised in 2007, is a code of conduct which underlines the important principles regarding the personal injury compensation claim process and encourages a co-operative relationship with all parties involved. Although the Code is voluntary, it has the support of major parties the claims process including the Association of British Insurers, the Association of Personal Injury Lawyers, the International Underwriting Association, the Civil Justice Council, major insurers and many independent solicitors. It's objective is to insure that claimant's receive the appropriate rehabilitation treatment, no matter how large or small the claim, so that well-being, quality of life and earning capacity is restored in the most effective and efficient way possible.

Important features of the Code are:

1. The claimant is at the centre of the personal injury compensation claim process.

2. The claimant's solicitor and insurer/compensator work collaboratively with a focus on the claimant's needs.

3. The need for rehabilitation is addressed as a priority even before agreement of liability.

4. These rehabilitation needs are assessed by an appropriately qualified, skilled and experienced independent person. This should beat least one of the treating physicians/surgeons or an independent agency.

5. The choice of rehabilitation assessor should be agreed by all parties.

6. Rehabilitation assessments can be decided by a personal interview or over the telephone, where appropriate and will include an examination of the nature and extent of the injury, medical and family history, immediate home adaptation needs, how quality of life can be improved for claimant and at what cost the recommendations can be implemented.

7. The claimant is not obliged to undergo any treatment that is considered unreasonable.

8. The initial rehabilitation assessment is not part of the personal injury compensation claim litigation process, however,

9. The rehabilitation costs will be covered by the insurer.

10. Any rehabilitation which has been provided will not be recouped by the compensator if the claim fails.

Those worried about the affect of the rehabilitation code on their personal injury compensation claim should be reminded that the code is not compulsory. Indeed, it is only one of a number of ways to approach rehabilitation and the decision to go ahead with the rehabilitation process following a personal injury must be agreed on by all parties. It is also important to emphasise point number eight above: any report obtained for the assessment purposes of the rehabilitation process are entirely separate to the claimant's litigation, meaning that any information about the rehabilitation process is not used within a claim.

The rehabilitation code aims to reflect the importance of health and well-being, and those individuals who have been unfortunate to suffer a personal injury will know how much trauma and comfort an accident can cause. As one would hope, a successful rehabilitation may mean that the overall compensation award could be reduced, but only a claimant will understand that a full medical, social and psychological recovery takes a heightened precedence over any large award of compensation.

Any claimant who prizes the invaluable expense of their health and quality of life should seek advice from an independent personal injury firm about The Rehabilitation Code and take their first steps towards recovery.

About the Author

- John T. Hughes writes for Personal Injury Firm, a site that provides impartial advice and puts consumers in touch with leading personal injury lawyers.