Rehabilitation therapies and personal injury compensation


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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  1. I was injured at work last year and have now found out that at the time there were no employee or public liability certificate up to date.
    Can i still claim

    • Yes, if the employer failed to get the correct insurance in place, the Directors of the business are at fault and it is possible to pursue a claim against them directly.

      Our Solicitors have undertaken such claims in the past and whilst it is harder and less straightforward to pursue a claim against an individual rather than an insurer, it is possible should the individual have the personal wealth to enable a settlement to be obtained.

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

    • 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.

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

  4. 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?

    • 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.

  5. 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 .

    • 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.

  6. 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.

    • A broken neck is a very serious injury with life long consequences. 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 for compensation, please call us on 01225430285

    • 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.

  7. 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?

  8. My personal injury lawyer has cancelled my physiotherapy we are in dispute with the third party whos to blame do you think this is an indication the claim isnt going well

    • 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.

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