How To Secure Early Rehabilitation After A Workplace Injury

Most people know a Personal Injury Solicitor can advise and represent them in terms of getting financial compensation if they have an accident at work. However, this is only part of their role. In addition, they will also use the Rehabilitation Code 2015 to work with your employer’s insurers to secure the funds required for you to access the rehabilitation services necessary to ensure you make as good a recovery as possible and regain your independence.

What is rehabilitation?

In the context of personal injury law, rehabilitation aims to restore Claimants to their pre-injury physical and mental condition to the greatest extent possible. If you suffer a workplace personal injury due to the negligence or wrongful actions of another party (for example, your employer), there is a need to not only compensate you for the injury but also to address the long-term consequences and impact on your life, including facilitating your recovery.

The rehabilitation process involves various medical, therapeutic, and support services tailored to your specific needs. Commonly, rehabilitation efforts include medical treatments, physical therapy, and counselling, among other interventions. The overarching aim is to enhance your quality of life and enable you to regain as much independence as possible.

What is the Rehabilitation Code and Serious Injury Guide?

The Rehabilitation Code 2015 is provides a framework that emphasises early intervention and the provision of rehabilitation services for people who have sustained severe injuries. Its purpose is to ensure personal injury claimants get early access to rehabilitation support. The Rehabilitation Code encourages parties involved in a personal injury case, including insurers and Personal Injury Solicitors, to work together to identify the Claimant’s rehabilitation needs and release funds to pay for the required rehabilitation.

By promoting collaboration and emphasising the importance of rehabilitation, the Rehabilitation Code seeks to improve the overall well-being of those who have suffered deliberating injuries.

The Serious Injury Guide complements the Rehabilitation Code by providing additional guidance on handling cases involving serious injuries. This guide acknowledges that serious injuries often require a more comprehensive approach to rehabilitation and compensation. It outlines the principles and considerations that should be considered when dealing with cases where the injuries have a profound and lasting impact on a person’s life.

Some key elements of the Serious Injury Guide include:

• Identification of serious injuries and their potential consequences.
• Assessment of the long-term impact on the individual’s life, including physical, psychological, and financial aspects.
• Recognition of the need for specialised and ongoing rehabilitation services.
• Consideration of factors such as future care costs, loss of earnings, and other associated expenses.

The Serious Injury Guide provides a structured framework for legal professionals, insurers, and other stakeholders to navigate the complexities of serious personal injury cases, ensuring that the Claimant receives appropriate compensation and support for their rehabilitation needs.

What role does a Personal Injury Solicitor play in obtaining early rehabilitation following a workplace injury?

Upon receiving your instructions and working out your rehabilitation requirements, your Personal Injury Solicitor will formally notify the Defendant through a Letter of Claim. The primary objective of this letter is to expedite the rehabilitation process, therefore, your Solicitor will ensure it contains:

• Their (as in your Solicitor’s) details,
• An overview of the workplace accident,
• The injuries sustained, and
• A clear request and invitation for collaborative rehabilitation per the Rehabilitation Code and Serious Injury Guide.

The Rehabilitation Code stipulates that the Defendant should respond to this request within 21 days.

Typically, the initial request encompasses appointing a Case Manager with a medical or occupational health background to conduct an Immediate Needs Assessment (INA). An INA provides a framework and a reference for the rehabilitation team and your Personal Injury Solicitor. It gives a holistic view of the impact of your workplace injury in the short, medium, and long term.

The INA is designed to recognise the uniqueness of your position and rehabilitation requirements following a workplace injury, and It also serves as a valuable tool to identify the multifaceted impact of your injury, for example, its long-term effects on your ability to earn a living, resume your chosen profession, and partake in your pre-accident interests. This will involve assessing your physical limitations, family life, personal care, cognitive impairments, and any challenges related to accommodation and travel. The INA also outlines your pre-injury position, including pre-existing conditions or limitations and immediate needs.

Once this information is collated, it shapes your rehabilitation plan, including any potential barriers to successful treatment and how these can be overcome.

Your Case Manager will then coordinate a bespoke rehabilitation and support regimen based on your specific needs. Mindful of costs, the Case Manager must continually conduct cost-benefit analyses, weighing the necessity for immediate, often private, treatment against statutory NHS provision, ensuring optimal utilisation of available funds.

Wrapping up

Effective, timely rehabilitation will help you recover from a workplace injury faster. An experienced Personal Injury Solicitor truly cares about your recovery and will work with the Defendant’s insurers to have funds released so the rehabilitation and support regime put in place by your Case Manager can begin as swiftly as possible.

Our team has decades of combined experience in successfully advising and representing clients in complex public and occupiers’ liability cases. We are sympathetic and understanding and are here to help you every step of the way.

Contact us today to discuss your claim.