What is the 2015 Rehabilitation Code?
First introduced in 1999, and later reformed in 2007 and 2015, the Rehabilitation Code promotes the collaborative use of rehabilitation and early intervention in the compensation process. Its main aim is to encourage this collaboration to enable the best and quickest possible medical, social and psychological recovery of an injured person (‘Claimant’) regardless of the severity of the injury, returning them as much as possible to the position they were in before the accident.
The third version was introduced in 2015 and created by representatives from ABI, APIL, CMSUK, FOIL, IUA, MASS and PIBA. The largest difference is that lower-value claims (up to £25,000) are now included, recognising the need for early intervention in all cases.
Client Rehabilitation as a Priority
The 2015 Rehabilitation Code is a voluntary framework for claimants and defendants. It encourages both parties to work collaboratively from the outset of the claim to identify a client’s needs and find the most suitable rehabilitation, usually before liability is admitted. In adopting this approach, the client is able to focus solely on their recovery whilst their claim is ongoing.
Claimant Party
After an individual is injured, the solicitor is responsible for advocating on behalf of their client’s best interests, which goes beyond just securing financial compensation. It also includes assessing whether medical or rehabilitative treatment would improve the client’s present or long-term situation. This role is continuous throughout the lifespan of the case but of particular significance during the early stages of the claim.
It is also the duty of the claimant solicitor to meet with the claimant and/ or their family to identify if there is an immediate need for aids, adaptations, or adjustments to employment, facilitating the claimant’s continued performance in their existing job, securing a suitable alternative role with the same employer or aiding in retraining for new employment opportunities. The solicitor must also, where practical and proportionate, work with the claimant’s employers to ensure that the position is kept open for them as long as possible.
The solicitor then needs to communicate any requirements to the compensator as soon as is practical to enable them to work collaboratively to address all rehabilitation needs.
The Compensator
From the earliest practical stage, it is the duty of the compensator to consider whether the claimant would benefit from additional medical or rehabilitative treatment. This duty continues through the life of the case.
If the claimant has been identified as requiring rehabilitation, the compensator must contact the claimant solicitor as soon as possible to collaboratively work together to address the claimant’s needs.
”Codes, such as the 2015 Rehabilitation Code, are designed to ensure the client's best interests and they not only provide a framework for early intervention and rehabilitation in order to aid the clients recovery, but also ensure that the treatment process is as smooth and as efficient as possible. These codes empower clients with knowledge and protect their rights.
They create awareness about the client's options, signposting them to the appropriate support and thereby aiding in their decision-making process. Adhering to these codes signifies that we operate at a high degree of professionalism and integrity. This promotes transparency in our operations and helps in establishing trust with the clients. Following these shows our commitment to providing a high-quality service.
Jennifer Mitchell CMgr MCMIHead of Business Operations
The Case Manager
In catastrophic and severe cases, the 2015 Rehabilitation Code recommends a qualified Case Manager should be appointed before any rehabilitation commences. In some cases, this may not be possible but should be considered a priority.
The Case Manager’s role is to assess the client’s needs, coordinate various services, and facilitate rehabilitation efforts. In medium, severe and catastrophic injuries, a Case Manager will notify the need for and type of rehabilitation assistance by means of an Immediate Needs Assessment (‘INA’). The INA will be carried out by a Case Manager or appropriate rehabilitation professional, e.g. an NHS Rehabilitation Consultant.
The Code notes that a Case Manager must be professionally and suitably qualified and experienced according to the injury sustained. Our Case Managers are trained in a range of fields:
- Brain Injury
- Spinal Injury
- Orthopaedics
- Paediatrics
- Functional Neurological Disorder (‘FND’)
- Amputation
- Neurological Disorders
- Mental Health
- Drug Misuse
- Musculoskeletal
- Complex Care and Complex Polytrauma
They are also registered with professional bodies including:
- BABICM (‘British Association of Brain Injury & Complex Case Management’)
- CMSUK (‘Case Management Society UK’)
Our Approach and Expertise
The primary goal of the Code is to prioritise the injured individual’s involvement in the entirety of the process, empowering them to maintain control over their treatment whenever feasible.
Our team employs a collaborative and transparent approach, serving as a central figure within a Multi-disciplinary Team (‘MDT’), and holds a respected position within the clinical negligence and personal injury sectors.
Instructed by some of the UK’s leading solicitors and law firms, our team uses their expertise to conduct Immediate Needs Assessments, create reports, and play a vital role in orchestrating and strategising the necessary care and rehabilitation for the client.
