Rehabilitation therapies and personal injury compensation

25 questions have been answered below, why not ask your own?

There is one thing that is common amongst all people making a claim for personal injury compensation – they have been injured by someone else’s mistake, negligence or lack of care. The severity of injury and longevity of symptoms varies from claimant to claimant. In cases of ongoing pain, discomfort and injury symptoms, an important part of a person’s claim for compensation will be specialist rehabilitation therapies.

Any claimant who continues to suffer from pain, discomfort and symptoms related to the injury at the centre of their claim has a right to seek rehabilitation therapy in a bid to ease their situation

Rehabilitation therapies are in everyone’s interest

Third-party insurers (the people who will pay compensation costs when a claimant succeeds) are keen to help claimants recover from their injuries as quickly as possible as this has been shown to benefit both the claimant and the defendant insurers. When a claimant is provided with a course of suitable rehabilitation therapy, they recover more quickly, return to normality sooner and are able to continue to earn their income as they did before they were injured.

Therefore, whilst the defendant insurers have to pay for the costs of relevant rehabilitation therapy, the total cost of settlement that they face is lower than it would otherwise have been. Whilst the cost or value of the injury element of a claim remains the same, there will be lower costs for ongoing symptoms and loss of wages because of the benefits of the rehabilitation therapies.

There are two routes that a claimant can use to pursue rehabilitation therapies – seeking NHS or private therapy on their own, or by requesting that the party against whom they are claiming provides the therapy.

NHS and private therapy

Accessing rehabilitation therapies is something that can be done by yourself. If you are suffering ongoing symptoms you can make an appointment to see your GP, and after an assessment they can refer you to a physiotherapist and possibly to other practitioners. Your solicitor can access reports of any treatment by way of your medical records if any such treatment is provided. The downside to using the NHS is that there is often a lengthy waiting list to access rehabilitation therapies and the kinds of rehabilitation therapies are often limited to just physiotherapy.

You can, of course, access a wide range of specialist rehabilitation therapies on a private basis – acupuncture, massage therapy, osteopathy, chiropractic treatments or any other relevant help. The benefit of this is that treatment can be accessed immediately. The obvious downside is that it can be expensive and this is often the thing that prevents personal injury claimants getting beneficial rehabilitation therapies quickly. If you are able to access such treatments on a private basis, we would recommend that you do so – but that you speak to us or your specialist solicitor about it. You may well be able to recover the costs of such treatments but you will need to provide evidence of the costs you’ve had and the treatments provided. Therefore it is essential that the rehabilitation therapist that you use makes notes of the treatments that you have had and that you retain receipts for payments you make.

Rehabilitation provided by the third-party defendant

Perhaps the best and easiest course of action is to request that the organisation or party against whom you are claiming provides you with a course of treatments at their cost. This can be done when your solicitor has obtained an admission of liability from them – when they agree that they are responsible for the accident in which you have been injured and will therefore pay you compensation for the injuries and losses you have sustained.

When this happens, your specialist solicitor will organise an assessment for you. This will be done in a location that is easy for you to access and again at no cost to yourself. The person carrying out the assessment of the injuries is usually a specialist GP with expertise in the area relevant to your claim. An assessment will usually involve a brief consultation with the expert having a copy of your medical records showing the treatments you have had to date, and discussing with you the nature of the accident in which you were injured. They will then carry out a physical examination, assessing your range of motion, mobility and areas of pain. From this, they can write a report and recommend a course of relevant rehabilitation therapies, whether it be 6 sessions of physiotherapy, 10 sessions of osteopathy or any other treatment kinds.

Claim compensation and recover more quickly

If you have been injured in any kind of accident that was not your fault, you really should consider making a claim for injury compensation. We realise that you may have no idea about how making a claim works and whether or not you have a viable claim. At Direct2Compensation we are more than happy to speak with you and offer you our thoughts, helpful advice and information about your rights and whether or not we feel that you can make a claim for compensation.

Remember, if you are injured because of an accident at work, a road traffic accident, slipping or tripping accident, or from any other accident that was not your fault, making a claim for personal injury compensation can help ease some of the problems you face and with the possibility of accessing specialist expert rehabilitation therapies, recover more quickly.

25 questions have been answered below, why not ask your own?

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Questions & Answers


  1. James

    Accident at work – do I still get my holiday pay?

    Reply
    • Ian Morris

      Employers are not obliged to pay staff their usual income if they are off work – even if they are off work through injuries sustained in an accident at work. To this end, employers may simply place eligible staff on SSP or give the staff member the option to instead use their holiday pay.

      If you have not used your holiday pay to cover sickness from work, you should still be entitled to take paid leave from work.

      If you would like help with a possible claim for compensation and recover any lost income after your accident at work, we can help you. However, before we know whether or not you have a valid claim, we need to know more about your accident at work – what you were doing, how you were injured, what injuries you have and the date of the injury.

      Reply
  2. Sibel

    Hello
    My claim notification form RTA1 has been submitted and the insurance company sent me this. Where it says ‘physio’ the box is ticked for ‘no’ but I haven’t seen a physio yet and I waiting on a phone call to book an appointment. Once I have been seen by the physio etc will this be sent to the third party? As I’m worried this will effect my settlement figure what I am entitled to?

    Reply
    • Ian Morris

      The physio issue is unlikely to impact on settlement value. At the appropriate time, the extent of the injury should be noted by way of an experts medical report and it is from this that an appropriate settlement valuation can be calculated.

      Reply
  3. Claire

    My solicitor has arranged a course of physio after an accident does the insurance company wait until these treatments are finished before they offer a settlement

    Reply
    • Ian Morris

      Not necessarily! It can be the case that it is wisest to wait for all rehabilitation therapies to have been provided in order that the full extent of recovery is better understood than attempting to make a settlement when you don’t fully know how well you will be. Recovery from an injury is very relevant when experts undertake their work in evaluating the appropriate compensation settlement value in a claim for personal injury compensation. This is a logical matter, as the more longer term an injury will be present (or even permanency of an injury), the higher the value of settlement.

      You should speak with your Solicitor regarding your specific claim.

      Reply
  4. Amanda

    Hi. I’ve been offered a settlement offer. But as I was reading through it said I have to pay for my physio treatment I received but I was referred to by overland health. Why do I pay for this out my compensation. Also why did my solicitor take nearly 1000 of my compensation offer. I was offered 2780 I will end up with 1717.38. After 145 for physiotherapy and 917 for solicitor.

    Reply
    • Ian Morris

      Your Solicitor would be entitled to deduct up to 25% of your award towards the costs of the claim along with any costs for rehab therapies that need to be recovered and any ATE insurance premiums. However, regarding the physiotherapy costs, you should query this if you were not already aware that you would have to pay them from any award you received.

      Reply
  5. Gaynor

    I’ve had medical with orthopaedic consultant. Report went to solicitor. He suggested in report to see psychologist. I have seen psychologist. She says I need cbt therapy. Other side have accepted full liability for car accident. Will I have to wait for my compensation until cbt sessions have started and finished?

    Reply
    • Ian Morris

      In most cases, where the defendants have admitted liability in full and then an independent medical report (as you have already had) is agreed by both sides, the usual process would be for the defendants to arrange, and pay for, the required rehabilitation therapy. In your case, you should check directly with your Solicitor as to whether or not the 3rd party will be taking this course of action.

      Reply
  6. Caroline

    If I use a rehabilitation company to arrange various different types of rehab post a RTA, will the expenditure incurred be deducted from my final compensation amount, leaving me worse off than if I’d arrranged the rehab through the NHS myself?

    Reply
    • Ian Morris

      The cost of specialist rehabilitation therapies can form part of the total compensation settlement value that can be claimed, if successful with a claim. In most cases, a specialist medical expert will have provided a report that stipulates the need for certain therapies and an appropriate amount of treatments. If this is in place, and the medical agreed, it is often the case that the defendant will meet these costs before paying the compensation for the pain, discomfort and distress of the injury (and any loss of income/incurred costs) at the closing of the claim.

      In your case, you should check with your Solicitor as to what the defendants have agreed to fund.

      Reply
  7. Jane

    My friend had an accident just over 2 years ago. Didn’t do a claim at the time due to her insurance policy didn’t cover her. She did see her doctor. Was just told to take tables for pain. She now has asked a solicitor to look at her claim. Asked for £1k up front. Now he wants her to see a doctor. I don’t see how he can tell that the pain she is still having is related to the accident. Do you think he can say that it’s due to the accident. ? As I think she’s just paying this solicitor. She can’t afford it. She’s a pensioner .

    Reply
    • Ian Morris

      We are confused as to why she is paying a Solicitor to act for her? Could she not find a Solicitor willing to run the claim on a No Win No Fee basis? As a rule of thumb, if a Solicitor is unwilling to pursue a claim on a No Win No Fee basis, it would be unwise to personally fund a claim as the prospects of succeeding are slim.

      A medical expert would be able to link current symptoms to an old accident if the medical evidence supports such a view. For example, in this case your friend would have had medical treatment at the time of her accident and her injuries noted. In the subsequent period any further medical treatment that she has received will also be noted and if any new incidents had happened that had caused new injuries they could be noted and not included in any claim. If a suitable medical expert has sight of the medical records and conducts an examination on your friend, they will be able to state what symptoms rest fully with the accident and what if any symptoms are unrelated or due to natural degeneration.

      Reply
  8. Liz

    What injury is a broken neck? A neck cracked spine and explosive of cervical C5C6 fusion. Is it whiplash or spinal damage? Had numerous shoulder, fingers and arm injuries.

    Reply
    • Ian Morris

      A broken neck is a very serious injury with life long consequences, which means compensation amounts can be quite high. The trauma that would lead to such an injury is also likely to cause associated soft tissue injuries. As such, a broken neck injury would also likely include symptoms of whiplash as well. If you want to make a claim, please call us on 01225430285.

      Reply
  9. Pat robinson

    If you don’t want to do rehab anymore will it affect your claim?

    Reply
    • Ian Morris

      Refusing treatment or therapy won’t damage your claim as such, but it could have an impact on claim settlement value. If you have a specialist Solicitor representing you in your claim you should speak with them before taking any decision about ceasing rehabilitation therapy.

      Reply
  10. Paul Jones

    Thanks for helping so many people through your forum. Please what is the minimum and maximum that an Injury solicitor may pay a CBT therapist or an EMDR Therapist for treating PTSD that happened a car accident?

    Reply
  11. Joanne

    My personal injury lawyer has cancelled my physiotherapy, we are in dispute with the third party – who’s to blame? Do you think this is an indication the claim isn’t going well?

    Reply
    • Ian Morris

      If liability is disputed – which is not unusual – your Solicitor cannot be certain that your claim will succeed and as such, is wise to cancel the rehabilitation therapy in order to avoid costs that may not be recoverable. As soon as liability is admitted, then the rehab can start again as the cost for the therapy would then be the responsibility of the 3rd party.

      Reply
  12. Paulfox

    If the defendants insurance have offered to pay for rehabilitation therapy is that an admission of guilt,

    Reply
    • Ian Morris

      To all intents and purposes, yes! A defendant insurer would not wish to pay for rehab therapies if they felt that they were in no way liable for the injuries sustained.

      Reply
    • Ian Morris

      It would be reasonable to assume that their offer to finance the cost of rehabilitation therapies indicates an admission of liability.

      Reply
      • Paulfox

        Ian morris thank you for your reply, I appreciate you getting back to me,

        Reply
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