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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Questions & Answers


  1. Yusuf anwar

    Can solicitors set up physio, for me though the solicitors firm.

    Reply
    • Ian Morris

      When an admission of liability has been obtained, a Solicitor will instruct a medical expert to provide a report on the claimants injuries and recovery prognosis so that they have medical evidence available to support the claim.

      If the medical expert finds that a course of rehabilitation therapies, whether that be physiotherapy or another kind of treatment, they will make a recommendation within their report for this. The Solicitor can then seek to obtain agreement from the defendant to fund the treatment and arrange specialist private therapy to aid your recovery.

      Reply
  2. Cliffy

    Hi there I was involved in a accident at work in 2019 which resulted in mr having to leave the company and settle for a job £700 a month lower than the one I had. The company have admitted full liability and my injuries were internal bruising to the abdomen whiplash concussion and a black eye. I have had 12 therapy sessions due to severe anxiety and depression and all is in my medical records. I have been informed I can also claim for the loss of wages with me having to move jobs. I spoke to a local solicitor and they informed me that I could be looking at a six figure payout. Is this a realistic amount.

    Reply
    • Ian Morris

      The Solicitor could be right, but we would always recommend that you instruct a specialist personal injury Solicitor rather than a general high street Solicitor to act in such a matter. That way, you can be certain that your injuries will be fully accounted for, along with any loss of income or future costs and that the settlement is maximised appropriately.

      If you would like our specialist Solicitors to advise you and potentially act for you, please use the ‘start your claim‘ form to provide further details and we’ll be more than happy to help you.

      Reply
  3. amanda

    I had an rta in 2017 and have been going through series of treaatments including physio, psychology & medicals etc. The insurance company have made a couple of offers and one offer was made yesterday which is a short term offer – I need to decide by 4th Jan 2021. My solicitor thinks the claim could be worth more than the offer, but at the same time is a little bit twitchy now as we are drawing to the last leg of the other side medicals, before court. As such, the Solicitor has advised me that at court I could potentially lose a huge sum if the court is in favour of the other party – as our medical expert has said that I could have had issues with my back in 8 years anyway and that the rta has just moved forward the time scale. They have said that the condition could have been easier to manage and more treatable using medications, but being brought forward he thinks I will never be out of pain and that injections of sorts could be best way forward to ease the pain.

    So here is where I am. If I was to accept the offer, would we be able to ask for future rehabilitation treatment costs? As well as the offer I also have stress alopecia through the accident and I am having treatment for that as well, so I have to add that the final medical reports that are still not in or finalised from our side. I am booked in to see the other parties medicals in January 2021.

    Reply
    • Ian Morris

      This is a difficult situation that faces many claimants in the final stages of their claim. An offer is made, below what it could be, but there is no guarantee that a court will side with you. In such cases, you really need to go with the advice given to your Solicitor by Counsel (Barrister). Do you know if your Solicitor has obtained a Barristers opinion on your case and the offer made?

      If the Solicitor is sufficiently confident to reject the offer, you should take their advice. Whilst you could end up with less, you may end up with more. It really depends on the potential amount you may lose and whether you can take a risk with that amount.

      Reply
  4. Sandra

    I am about to start treatment which will be claimed back once completed. My solicitor had said I will need to complete the 16 weeks of treatment (recommended in a report by a professional) before any settlement can be finalised. Can I dispute this? If so how should I approach it with my solicitor? Ideally I need to finish this sooner rather than later.

    Reply
    • Ian Morris

      Have you discussed this with your Solicitor? Your Solicitor is acting in your best interests and it is likely that it is most sensible to allow the course of treatment to be provided in order that an understanding as to whether the treatment has done what it should – or if you are still not recovered – as this will then be relevant to the final settlement of your claim.

      Of course, you can seek to reach settlement in your claim sooner, but that is likely to see you receive a lower settlement. Whilst that may seem appealing in the short term, you should focus on the long term and the potential implications of settling the claim earlier.

      An alternative could be to seek a small interim settlement from the defendant to cover any immediate financial pressures you may face.

      Reply
  5. Shirley

    I used annual leave instead of unpaid sick days following a not at fault tra and because it was Christmas. Can I claim the value of these days back as I can no longer use the holiday days.

    Reply
    • Ian Morris

      Your employer may be willing to amend their records to show that those days of leave were not annual leave, but sickness absence. You would then owe the employer for 6 days pay which you could recover in a special damages claim and return to the employer.

      Reply
  6. Shirley

    I had time off work to attend physio appointments and had to make up the time after normal working hours. My payslips show normal wages. Can I claim the loss of earnings back

    Reply
    • Ian Morris

      You can recover lost income by making a claim for personal injury compensation (if the injury was caused through negligence or an accident at work).

      If you would like further help with this, please call us on 01225430285 or you can start your claim via our website.

      Reply
  7. Susan

    When does your solicitor put in for your 2nd offer is it after your treatment is finished.and when do you get your pay out.could you get it before treatments finnished

    Reply
    • Ian Morris

      The claim may settle and you may receive payment of your damages before medical treatments are completed, but in most cases it would be better to ensure that all medical treatments are completed before settling the claim in order to be certain that the injury is healing and that a proper understanding of the extent of the injury is known.

      As for the correct time to make settlement offers, you should discuss that with your Solicitor.

      Reply
  8. Stephanie

    Hi there! Looking for some advice.

    I was in a car crash back in November 2019 and through my insurers I was put on to a solicitor who was able to set me up to attend physio therapy sessions. I attended 8 sessions and was discharged from physio therapy.

    My claim is still on going and obviously delayed during this Covid-19 crisis which is completely understandable. I am unfortunately now having a bad flare up of pain from my injuries sustained in the crash – am I able to re-engage with physio therapy through my solicitors as part of this claim since my injuries haven’t fully sorted themselves out?

    Reply
    • Ian Morris

      You should discuss this with your Solicitor as there may be a possibility of obtaining further rehabilitation therapy through your claim. It could be that you’ll need to have a medical assessment and if that denotes that you require further treatment, it is likely that the defendant would agree to pay the cost of the treatment.

      Reply
  9. Rick

    I’ve made a claim. Not my fault. Got hit from the rear and pushed into the car in front. Claimed for neck and back injuries. I’ve just received letter from solicitors saying If I would like to settle? £3500. £500 being sessions and 3k”mine Let says. So total £3500. Physio told me he would like me to attend a few more sessions… my pain is 6 and there’s times it’s a 8.. I would also like to say When driving, coming to a stop in traffic .. I feel like anxiety kicks in.. or fear from being hit from the back again…. Should I mention this to my solicitors or physio?. I’m not fully healed. I will if funded by them take more sessions but would like to know what output will it have.. What should I do? Settle? Or continue with more sessions? If I don’t settle will payout be lower/higher? If I recover will payout be the same? Or lower/higher?

    * sadly Not employed. Looking for work. With this lockdown things are more on the down side and was hoping with this claim it would help and wouldn’t really want to lose out on 3k…

    Reply
    • Ian Morris

      It would be wise to discuss your concerns and queries with the Solicitor handling your claim. If you are genuinely suffering ongoing pain and don’t feel ready to settle the claim, that needs to be discussed with your Solicitor and if you are suffering anxiety when driving, that could be included in your claim but will need to be substantiated with medical evidence or treatment.

      Reply
    • Kirsty

      Hi,

      I have been made an offer for non fault rta, I did not reject first offer, as I was deciding my solicitor told me the deadline by law was passed and insurers have upped the offer, but to this the physio cost has been deducted which will be paid to them directly, which I understand, but wouldn’t this of been included in the first offer? Why has this been made a deduction in my second offer and why have they upped my offer without me rejecting their first offer? I don’t understand could you please help

      Reply
      • Ian Morris

        Your Solicitor will be able to explain this to you. We have not handled this matter and do not know the reason.

        Reply
  10. Jo

    Hi.

    I have been involved in a rta. There is a formal offer on the table but my current solicitor has itemised the compensation figures. It includes physio which they say I have to pay for out of it and also my insurers loss as they paid me out for a writeoff which I bought back.
    My gut instincts now is that there is something amiss. Is this right I? I’m sure the other sides insurers pay for those figures.

    Reply
    • Ian Morris

      You cannot be paid twice – if that makes sense! If your Insurers have already paid you for your vehicle (even if you purchased it back at a reduced rate due to being an insurance write-off), you can’t then claim for the cost of the vehicle again. You need to check this.

      In terms of the physiotherapy, if the cost of the required treatment is being included in your final settlement value, you will then need to pay the cost of any physiotherapy that you have. In personal injury claims where physiotherapy or other rehabilitation therapies are needed, a defendant insurer may choose to pay the cost of sessions directly to the provider during the claims process or they may instead include the cost of the physio as part of the settlement and then the claimant must reimburse the provide at the settlement of their claim.

      Reply
    • Tanya

      Will the physio treatment costs be taken out of the compensation total? Third party have admitted full liability.

      Reply
      • Ian Morris

        In some cases, the defendant will settle the rehabilitation costs directly and then provide compensation to the claimant. In others, they may include the rehab costs in the final settlement and the claimant then has to settle the costs.

        Reply
  11. Damian

    If I have accepted an estimate offer and the other driver has admitted liability and also just finished my physio and recovered , How long roughly am I looking at to receive settlement for my claim?

    Reply
    • Ian Morris

      If a medical assessment has been completed and the contents agreed, reaching settlement should be possible within the next couple of months.

      Reply
  12. Damon

    How long does it take a physiotherapist to write a report and how long can I expect to have to wait to receive my claim settlement if liability has been admitted?

    Reply
    • Ian Morris

      When a Solicitor instructs a medical expert to write a report for a claimant, the report would usually be expected to be with the Solicitor within 10-15 working days. When the Solicitor receives the report, they will then ask the claimant to check it to ensure that they do not believe it to be wrong and once it is agreed, they will then pass it to Counsel to consider and report back with further guidance.

      With regards to obtaining settlement once an admission of liability is obtained, there is no set rule for timescale. Things that can delay settlement may include a claimant continuing to recover or awaiting further medical intervention as a Solicitor would not be able to properly evaluate the extent of the injury in such cases.

      Reply
  13. Nikki

    I’m in the process of a personal injury claim the other insurance company have been funding my health care and today decided they are not gonna fund it anymore. Why could this be?

    Reply
    • Ian Morris

      The defendant would only fund rehabilitation therapies or medical costs to the point that they felt they should. Usually, a medical expert will make a recommendation for a certain amount of care or a specific list of therapies. Once those amounts of care (i.e a specific number of physio sessions) have been provided, the defendant will not fund further.

      Reply
  14. Hazel

    If I’m 100% to blame in an accident and I’ve had physio treatment who pays for that?

    Reply
    • Ian Morris

      If you are at fault, you will have to fund any rehabilitation therapy or treatments that you need – at least those that the NHS will not provide.

      Reply
  15. Eddie

    I was in an Rtc accident 5 months ago and I have only just been sent to physio for 12 sestions witch is one a week so now I won’t finish it for another 3 months will this help me with more competition or should I have been offered physiotherapy a lot sooner? Thanks.

    Reply
    • Ian Morris

      The delay in receiving phsyiotherapy should not have any impact on your claim or any settlement valuation.

      Reply
  16. Max

    What happens if I was told I need 8 sessions and only did 4 and I was claiming for a crash, I was happy with 4 and the exercises he gave me was helping a lot and was too busy to make a few, so I just stop, will this hurt my claim?

    Reply
    • Ian Morris

      It won’t ‘hurt’ your claim necessarily, but may impact on the final settlement value applied to your claim. By ending your sessions, you are stating that you have recovered (or that is at least the way a defendant will see it), which impacts on settlement value.

      You should of course always discuss any choices such as the one you have made directly with your Solicitor or the claims handler as well as simply ending your treatment.

      Reply
  17. Mike

    Hi I had an accident at work which resulted in me having to attend physiotherapy and hydrotherapy. I will have to attend 12 hydrotherapy sessions and at least 5 physiotherapy sessions. My question is do the more sessions i attend increase my compensation amount? Or does it make any difference?

    Reply
    • Ian Morris

      The final settlement value that will be agreed in your claim for compensation will depend on the outcome of your treatments and to what extent you have recovered from the injuries you have sustained. Typically, a medical assessment will be conducted by a suitably qualified medical expert relating to the injuries of the claimant. The medical expert will assess the claimant in person, discuss the incident in which they were injured, review the medical treatment (medical records) provided and talk about what symptoms persist. The medical expert will then make recommendations regarding appropriate rehabilitation therapies and then give a prognosis as to what extent the claimant will recover and how long recovery will take.

      Once the report is agreed by both claimant and defendant, the two side of the claim will begin to negotiate an appropriate settlement value.

      Reply
  18. Dimitris

    Hi good afternoon I wish to know I have had a solicitors deal with my claim for injury. I was first told by this solicitor that because it’s a 50/50 blame I would receive 100% of my claim but will pay 25 % solicitors fees which I get but I was never told I would be paying 460 physio as far as I was aware the other side would pay my physio.

    Reply
    • Ian Morris

      You need to discuss any deductions to your compensation with your Solicitor. It could be that the compensation you have received includes an amount to provide rehabilitation therapies and that you have the responsibility to reimburse the provider for the costs.

      Reply
  19. 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
  20. 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
  21. 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
  22. 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
  23. 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
  24. 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
  25. 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
  26. 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
  27. 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
  28. 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
  29. 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
  30. 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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