It cannot be overstated how critical rehabilitation is to recovery following a serious accident at work. And it cannot be taken for granted that the rehabilitation automatically provided by the hospital is sufficient to ensure the best long-term outcome for patients. Unfortunately, the range of rehabilitation services is not uniform across the country, so depending on where you live, the facilities required may not be available. There may also be waiting lists which can delay the process of recovery. In this article, we will explain what you can do to ensure you or your loved one receives the rehabilitation they need after an occupational injury.
Stages of rehabilitation
For anyone seriously injured in the course of their occupation, it is crucial that early medical and therapeutic intervention is sought, and a rehabilitation package formulated which maximise the chance of recovery. The stages of rehabilitation are:
- Acute rehabilitation – whereby short-term treatment is administered, usually at hospital.
- Inpatient rehabilitation – this stage typically includes a series of therapies and other interventions designed to help the individual to adapt to their changed circumstances, improve functioning and ultimately allow them to return home
- Outpatient rehabilitation – once the patient has returned home, this phase of rehabilitation aims to help the patient achieve the maximum level of independence.
It is therefore important to understand that rehabilitation starts very early on the process after the patient has been admitted to hospital, so time is of the essence to ensure planning is underway for this key stage of patient care.
Which rehabilitation services are available for people seriously injured at work?
Rehabilitation encompasses a wide range of physical and psychological treatments and interventions designed to assist an injured person regain the functioning they have lost, and ultimately to put them back into the same (or as close as possible) position as they were before the accident. Rehabilitation may include:
- Physiotherapy
- Occupational therapy
- Psychological counselling
- Speech and language therapy
- Occupational training
- Provision and training in the use of aids to assist functioning and daily living
Pre-action personal injury protocol
The Ministry of Justice provides a process by which personal injury claims should be carried out; this is referred to as the ‘Pre-Action Protocol for Personal Injury Claims’ . One of the objectives of the Pre-Action Protocol for Personal Injury Claims, which those representing claimants and defendants in such cases follow, is, “at the earliest opportunity, to address the needs of the claimant through the provision of medical or rehabilitation treatment”. The protocol recommends adherence to the 2015 Rehabilitation Code (the Code), which defines a best practice framework, including timescales, whether a case manager to liaise with the NHS clinicians should be considered, the use of independent professionals to conduct a rehabilitation assessment, and the payment obligations of the compensator.
By engaging a specialist personal injury solicitor early in the process, who will follow the pre-action protocol, once liability by your employer has been established, interim payments can be sought to fund the cost of early rehabilitation needed.
In some cases, the defendant or their insurer may not fully comply with the principles in the Code. If this occurs, our highly experienced team will apply the necessary pressure to encourage adherence to the Code, at all times fighting for your rights and the treatment you need to make a complete recovery.
Can I engage a solicitor even if unsure if liability can be proven?
If you or a loved one are seriously injured at work, you may be unsure if you can bring a claim for compensation until it is established your employer is liable for what happened. This can directly delay the process of ensuring the necessary rehabilitation programme and funding is put in place. Our advice is to contact a solicitor specialising in serious workplace accident compensation claims as soon as possible following the accident. If you have any reason to suspect the employer breached their legal health and safety obligations, we can help to assess if this would constitute negligence, what can be done next, and put in place the necessary arrangements for rehabilitation. From the outset we will be honest and forthright with you; based on our considerable experience of handling complex workplace accident claims over the past twenty years, we will tell if your case has strong merit, or it has little chance of leading to a successful claim. It is natural to be confused and extremely upset if a loved family member has been seriously injured at work, and by speaking to a solicitor who has seen many such cases, you can be assured of receiving advice which will give the injured party the best possible chance of a full recovery.
At Russell Worth Solicitors we specialise in personal injury claims. If you have suffered a workplace injury and would like a free claim assessment, please call us now on 0800 028 2060 or complete our Online Claim Assessment.
