Rehabilitation and Personal Injury Compensation: A Comprehensive Guide

When you’ve suffered an injury due to someone else’s negligence, your primary focus should be on recovery. Rehabilitation plays a crucial role in this process, not only improving your physical and mental well-being but also strengthening your compensation claim.

Rehabilitation is a vital component of many personal injury claims. It can be provided through the NHS, privately, or funded by the defendant as part of your compensation claim. Accessing rehabilitation can speed up your recovery, improve your claim’s outcome, and help you return to normal life more quickly.

Third-party insurers are keen to help claimants recover from their injuries as quickly as possible to minimise the total settlement value. Paying for the costs of therapy early on avoids the potential for injuries to become ongoing and add to their costs for treatment and loss of wages.

Types of Rehabilitation Available

Rehabilitation can take many forms, depending on the nature and severity of your injury. Common types include:

1. Physiotherapy: Helps restore movement and function when someone is affected by injury, illness or disability.
2. Occupational therapy: Assists in overcoming barriers that prevent people from doing the activities that matter to them.
3. Psychological therapy: Addresses mental health issues that may arise following an injury, such as anxiety or depression.
4. Chiropractic treatment: Focuses on the diagnosis and treatment of mechanical disorders of the musculoskeletal system.
5. Osteopathy: A form of manual therapy that emphasises the physical manipulation of muscle tissue and bones.
6. Acupuncture: A form of alternative medicine involving thin needles inserted into the body.
7. Massage therapy: Manipulation of soft tissues in the body to enhance a person’s health and well-being.

Accessing Rehabilitation

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.

There are three main routes to accessing rehabilitation:

1. NHS Treatment

The National Health Service (NHS) provides free rehabilitation services across the UK. While this option is cost-effective, it often comes with long waiting lists and limited types of treatments available.

Pros:

• Free at the point of use
• Widely available across the UK

Cons:

• Often long waiting lists
• Limited types of treatments available

2. Private Treatment

Private rehabilitation offers immediate access to a wide range of specialist treatments. However, it can be expensive, and costs may not be recoverable if not pre-approved as part of your claim.

Pros:

• Immediate access to treatment
• Wide range of specialist treatments available

Cons:

• Can be expensive
• Costs may not be recoverable if not pre-approved

If you are able to access 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 and the treatments provided. Therefore it is essential you retain receipts for payments you make.

3. Defendant-Funded Rehabilitation

In many personal injury cases, the defendant’s insurer may agree to fund your rehabilitation. This option provides quick access to treatment without upfront costs to you.

Pros:

• No upfront costs to you
• Doesn’t affect your final compensation amount
• Quick access to treatment

Cons:

• Only available after liability is admitted
• Treatment providers may be chosen by the defendant

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.

The Process of Obtaining Defendant-Funded Rehabilitation

1. Liability Admission: The defendant must admit fault for your accident.
2. Medical Assessment: An independent medical expert will assess your injuries and recommend appropriate treatments.
3. Rehabilitation Proposal: Your solicitor will present a rehabilitation plan to the defendant’s insurer.
4. Approval: Once approved, treatment can begin immediately.
5. Ongoing Assessment: Your progress will be monitored, and additional treatment recommended if necessary.

The Impact of Rehabilitation on Your Claim

Engaging in rehabilitation can positively impact your claim in several ways:

1. Demonstrates Commitment: Shows you’re actively trying to recover, which is viewed favorably by courts and insurers.
2. Provides Evidence: Rehabilitation records offer concrete evidence of your injuries and recovery progress.
3. Potentially Increases Compensation: By accurately documenting your injuries and recovery time, rehabilitation can justify higher compensation.
4. Speeds Up Settlement: Quicker recovery can lead to faster claim resolution.

The Role of Your Solicitor

Your solicitor plays a crucial role in ensuring you receive appropriate rehabilitation:

• Arranging medical assessments to determine your rehabilitation needs
• Negotiating with the defendant’s insurer for rehabilitation funding
• Ensuring rehabilitation costs are covered separately from your compensation
• Advising on the potential impact of refusing recommended treatment

It’s important to maintain open communication with your solicitor throughout the rehabilitation process. They can provide valuable advice and ensure that your treatment aligns with your claim’s best interests.

The Importance of Compliance

While you have the right to refuse any treatment, it’s crucial to understand that non-compliance with recommended rehabilitation could negatively impact your claim. Courts expect claimants to take reasonable steps towards recovery. If you have concerns about any recommended treatment, discuss these with your solicitor before making a decision.

Long-Term Benefits of Rehabilitation

Beyond its impact on your compensation claim, rehabilitation offers significant long-term benefits:

1. Improved physical health and functionality
2. Enhanced mental well-being
3. Faster return to work or normal activities
4. Reduced risk of long-term complications
5. Improved quality of life

How We Can Help

Rehabilitation is a vital component of the personal injury claims process, offering benefits for both your health and your claim’s success. By understanding your options and working closely with your solicitor, you can ensure you receive the treatment you need to recover fully and secure fair compensation. Remember, your health should always be the priority – the right rehabilitation can significantly improve your quality of life post-injury.

If you have been injured in any kind of accident that was not your fault, you should consider making a claim for injury compensation even if just to access rehabilitation therapies. 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 successful claim.

It’s usually really quick for us to find out if you have a valid claim, just leave a question below or call us on 01225 430285, or we can call you back.

Frequently Asked Questions