Getting you back on your feet after injury
If you have had the misfortune of suffering a personal injury as a result of another party’s fault you may be able to make a compensation claim.
During the claim you can secure financial reimbursement for any physical injuries that you suffered and also take care of monetary matters, such as loss of earnings. In addition, the wellbeing of the injured party also needs to be addressed at the same time.
The 2015 Rehabilitation Code aims to continue to make a real difference to injured people. The primary objective is to ensure injured people receive the rehabilitation treatment they need to restore their quality of life and earning capacity as soon as possible.
Sometimes, the impact of rehabilitation can mean the overall compensation claim may be slightly reduced, but it is hoped that the ability to get well, suffer from less trauma and pain and be able to return back to work sooner rather than later is a more positive result than any larger financial reward.
The important features of the code are:
• The injured party is put at the centre of the process
• The injured party’s lawyer and the compensator work on a collaborative basis to address the injured party’s needs, from first early notification of the claim and through early exchange of information.
• The need for rehabilitation is addressed as a priority and sometimes before agreement on liability. Fixed timeframes support the code’s framework.
• Rehabilitation needs are assessed by those who have the appropriate qualifications, skills and experience.
• The choice of rehabilitation assessor and provider should, wherever possible, be agreed by the injured party’s lawyer and the compensator.
• In those cases involving what are known as Lower-Value Injuries, (up to £25,000.00), then an initial triage assessment will be carried out on the telephone.
• In Higher-Value Injuries (in excess of £25,000), then a face-to-face Immediate Needs Assessment may be more appropriate
• Either way, the subsequent report will include details of the injuries suffered, the impact on the injured person’s daily life, the current treatment being provided via the NHS and the type of intervention or treatment that is being recommended.
• The injured party is not obliged to undergo treatment or intervention that is considered unreasonable.
• The compensator will pay for any agreed assessment of rehabilitation needs and must justify a refusal to follow any of the rehabilitation recommendations.
• The initial rehabilitation assessment process is outside the litigation process.
• Where rehabilitation has been provided under the code, the compensator will not seek to recoup its cost, if the claim later fails in whole or part.
At Glanvilles Damant we continue to promote the Rehabilitation Code and we will assist you, not only in regard to your compensation claim, but also in your physical, mental and financial recovery. In addition, we will assist you in returning back to work which could include any re-training should it be required. In dealing with personal injury claims we put the injured party first in looking after their physical wellbeing before any other consideration.
Please contact Stephen James on [email protected] or 01983 527878