The purpose of the Rehabilitation Code is to promote the collaborative use of rehabilitation between the Claimant and Defendant’s legal representatives to help the injured Claimant make the best/quickest possible recovery from their injuries.
The Rehabilitation Code provides an approved framework for injury claims within which the Claimant’s legal representative and the compensator can work together. Although the code in voluntary the main objective is to try and ensure that the injured party receives the rehabilitation they need as quickly as possible to help restore them back to the quality life they had before the accident, where possible. The whole purpose of the Code is to ensure that the Claimant is put at the centre of the process.
How the Code Works
If a Claimant is injured their legal representative will work with the Compensator to address any rehabilitation needs they may require. The need for rehabilitation is addressed as a priority and it must be noted that the Claimant is assessed by an independent professional with appropriate qualifications and experience. The initial rehabilitation assessment can be conducted over the telephone but if necessary an appointment can be arranged. Following the assessment a report will be repaired detailing the recommended treatment. The Claimant has the final decision in their choice of case manager and is not obliged to undergo treatment that is considered unreasonable.
Who will pay for the rehabilitation?
The compensator will pay for any agreed assessment of rehabilitation needs. It must be noted that initial assessments (including triage reports in low value cases) falls outside the litigation process.
There may be occasions where the Claimant or their legal representatives arrange early rehabilitation treatment before getting agreement from the compensator. The Claimant and their legal representative must be cautious when going ahead with treatment as a compensator is not obliged to pay for treatment that is unnecessary, disproportionate or unduly expensive.
I believe that it is important that the Claimant is aware that where rehabilitation is required their legal representative and the compensator will work together to try and meet their medical needs as soon as possible. A personal injury case is not just about obtaining compensation it is important that we try to help the Claimant recover from their injury where possible.