It takes more than emergency or acute hospital treatment to recover from a major trauma injury. Severely injured people need ongoing support from a range of therapies, such as physiotherapy, OT, speech and language therapy and psychological treatment, long after their discharge from emergency, trauma and acute hospital care. This ongoing form of treatment is known as rehabilitation. The timing and effectiveness of a severely injured person’s rehabilitation after a major trauma injury can have a life-changing impact on their long-term physical and psychological recovery, their mobility and independence and their quality of life. That’s why we believe that our injured clients shouldn’t have to wait for their rehabilitation until their claim has concluded. We prioritise securing funding for timely, personalised, coordinated specialist rehabilitation for our injured client in every major trauma and serious personal injury claim. In most cases, we are able to secure funding for rehabilitation from the insurer of the person (such as a driver) or organisation (such as an employer) that was responsible for the injury, via Rehabilitation Code funding or an interim payment. What is the Rehabilitation Code and how is it used to fund rehabilitation? The Rehabilitation Code sets out an approved framework for the injured persons’ solicitor and the defendant’s insurers (the paying compensator) to work together to prioritise the injured person’s rehabilitation. The aim of the Rehabilitation Code is to promote the use of rehabilitation at an early stage in the claims process, to help the injured person make the best and quickest possible medical, social, vocational and psychological recovery. Under the Rehabilitation Code, funding is provided by the defendant’s insurance company to support the injured person’s rehabilitation and treatment costs whilst a compensation claim is underway. Rehabilitation Code funding should be provided regardless of whether the defendant or their insurers have accepted responsibility (fault or liability) for the collision, accident or other events that caused the claimant’s injuries. Where the injured claimant has suffered serious injury, major trauma, complex or multiple injuries, a case manager will usually be instructed to prepare an immediate needs assessment (INA). The INA sets out the injured person and their family’s needs, and makes recommendations for rehabilitation and support which, if agreed, will be funded by the defendant’s insurer. Rehabilitation Code funding is usually paid directly by the insurer to the injured person’s rehabilitation provider. Rehabilitation Code payments are not counted as advance payments from the claimant’s compensation, and are not affected by any proportional reductions in their compensation, such as discounts for litigation risk or contributory negligence. This enables the injured person and their family to rest in the knowledge that the costs of their rehabilitation are paid over and above their financial compensation and will not be deducted from their settlement or compensation award. Given this advantage for the claimant, where contributory negligence or the claimant’s need for rehabilitation is disputed, the defendant’s insurer may decline to make a Rehabilitation Code payment but, instead, agree to make an interim payment. The Rehabilitation Code does not apply to medical negligence claims. What is an interim payment? An interim payment is a part payment of the claimant’s compensation that is paid in advance by the defendant’s insurer or compensator during their personal injury or medical negligence claim. The amount of the interim payment can vary significantly. Interim payments are often used to pay for medical or therapeutic treatment, care, specialist equipment, home adaptations or a move to a more suitable home, or to ease financial hardship that has been caused by the injury. The interim payment should be significantly less than the expected total value of the claim as it will be deducted from the final compensation settlement or award. When can an interim payment be requested in an injury claim? An interim payment is often requested once primary liability (responsibility for causing the accident or injury) has been admitted or proven against the defendant. This may take place early in the claim, sometimes even before court proceedings have been issued, or following a successful trial in which the injured person has proven the defendant’s liability. The court can order the defendant to make an interim payment but, before applying to the court, the claimant’s solicitors usually ask the defendant to make a voluntary interim payment, explaining how much is required and what it is intended for. If the defendant refuses to make an interim payment or is unwilling to pay an amount which will meet the injured person’s immediate needs, then the claimant’s solicitor can apply to the court, justifying the sum requested in the context of the overall value of the claim, and providing medical reports and other evidence to support the application. The claimant does not need to attend court for the interim payment hearing. The court’s permission must always be obtained before an interim payment can be made to a claimant who is a child or a protected party (with mental incapacity). This applies even where the defendant has agreed to make the interim payment voluntarily. A Court of Protection deputy may be appointed to oversee the management of the claimant’s money. At Boyes Turner, our personal injury and medical negligence solicitors work closely with our own Court of Protection specialists to ensure that our client’s money is managed and protected in accordance with the court’s requirements but is easily accessible to meet their needs. What are the advantages of an interim payment? An interim payment allows our severely injured clients to make the changes that are necessary to manage their disability and see what works for them before final settlement. This helps clarify their long-term needs and demonstrate the benefit that their compensation will provide, helping us claim and recover the most suitable provision for their future. Each individual’s and family’s circumstances are unique but our severely injured clients use interim payments: to buy and adapt a property so that the family home is suitable for the injured person’s needs; to pay for a rental property whilst their existing property is adapted or a new property is found; to purchase specialist treatment, aids or equipment which are not readily available on the NHS; to purchase a wheelchair with regular seating assessments and adapted vehicles; to put a care plan in place; to put in place therapies, such as physiotherapy, OT, speech and language therapy, pain management and psychological support; to assist with the additional costs of caring and providing for a family member with a disability. At Boyes Turner we have helped hundreds of disabled clients and their families rebuild their lives after serious personal injury, major trauma or medical negligence. The support we give our clients through funded rehabilitation and interim payments ensures that they can focus on rebuilding and participating fully in family life, whilst we work to achieve the best possible settlement of their claim. If you have been seriously injured in a road collision, or accident at work, school or public facility, and you would like to find out more about funded rehabilitation or making a claim, you can talk to one of our experienced solicitors, free and confidentially, by contacting us.
