Personal Injury, Serious Injury & Clinical Negligence

Insurance industry set to review the Rehabilitation Code

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The Rehabilitation Code of Best Practice sets out guidance for parties to personal injury litigation for the rehabilitation of injured Claimants, with the goal of providing the treatment necessary to return the injured party back to work, or at least to maximal recovery.  The Code was last revised back in 2007, and in light of Lord Rupert Jackson’s recent Civil Justice Reforms, the insurance industry have formed the view that the Code is now ripe for review.

A working party has been set up by the Association of British Insurers and the International Underwriting Association (the ABI and the IUA), who will spearhead the review and will conduct a consultation with stakeholders, including rehabilitation providers and, one would hope, representatives of the Claimant lobby.

Sensibly, although rehabilitation providers will be consulted on the proposals, the working party have acknowledged that whilst their input will be valuable, there will be no place for organisations with a commercial interest in the review on the working committees.

Amongst the reforms to be considered, the working party will be looking at how the insurance industry can work more closely with the NHS, and also whether the Code could better address the specific needs of catastrophically injured Claimants.  In its current guise the general principles of the Code apply equally to all injuries from relatively minor soft tissue injuries to injuries of utmost severity.

Interested parties have until the end of September to respond to the consultation, and it is anticipated that a new draft Code will be made available by the end of the year.

Watch this space for a further update as the process develops.

At Clarke Willmott we pride ourselves in promoting the Rehabilitation Code of Best Practice and endeavour to do all we can to assist with the rehabilitation of our injured clients as early as possible.

If you have concerns about your access to rehabilitation with your current claim, or would like to know more, contact one of our team on 0800 316 8892.