Rehabilitation therapies and personal injury compensation

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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.

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