The Rehab Code was conceived in 1999 and sets out a framework for personal injury claims, the aim of which is to provide treatment to the injured person (claimant) at an early stage.
We all know that, generally, the quicker we have access to the appropriate treatment and/or therapies following an accident, the more effective our recovery is likely to be. The Rehab Code allows the claimant’s representatives and the organisation who will be paying the damages (the compensator) to put steps in place for the claimant to get the treatment they need from the point of notification of the claim. Although the Code is voluntary, the Civil Procedure Rules state that it’s use should be considered in all types of personal injury claim, regardless of their value or complexity.
There are many advantages to the Rehab Code process:
There is no need for a formal medical report. The Code provides for an Immediate Needs Assessment (INA), wherein recommendations for treatment are made. The INA is carried out by a suitably qualified and experienced person who will consult with the claimant, their family and treating doctors before making any recommendations. These might include therapies such as physiotherapy, modifications to the claimant’s home, aids and equipment or changes to the workplace to ensure that they can continue to work.
The treatment is paid for by the compensator (whether or not the claim is ultimately successful), so the claimant does not need to worry about finding money to pay for his/her treatments.
The Code can be implemented outside the litigation process, so there is no need to start a claim formally in order to get treatment, thus saving time and costs.
However, by far the most positive aspect of the Rehab Code is that the injured person is placed at the centre of the process. They can have early, free access to the care and treatment needed to make a swift recovery, and can rest assured that both sides are working together to ensure this.
There is no doubt that the Rehab Code has had an enormous impact on the recovery of accident victims, and has now become an integral part of the early claims process. further information or advice relating to this or other personal injury/clinical negligence matters, contact Michelle Easton on 01689 887887 or email her at
michelle.easton@cwj.co.uk
