The new Rehabilitation Code of Conduct becomes operational from 1 December 2015. However, it is for the parties to decide when and how it is used.
It is aimed at promoting the collaborative use of rehabilitation and early intervention to help the injured claimant make the best and quickest possible recovery from injuries sustained.
The new code recognises that there are differences between minor and more significant injuries from a rehabilitation perspective and, for the first time, provides a separate process for lower value and for “soft tissue” injuries.
In summary, the process for low value injuries to be dealt with in accordance with the code is as follows:
The need for rehabilitation is considered at the outset and communicated electronically as soon as is practicable. This is usually via the CNF where it should be recorded in Section C.
Unless there is a medical report covering full rehabilitation needs then an initial Triage Report (TR) should be obtained.
Where the parties agree that further reports are required, the assessment process may have two further stages:
The code permits the person providing the TR to provide the rehabilitation. However, the person providing the TR, AR, DR and rehabilitation must be entirely independent of the person providing the medical report.
The TR, AR, DR and the provision of rehabilitation may only be provided by a person with a direct or indirect link with the solicitor or compensator with the agreement of the other party.
The TR will be prepared following a telephone call in most cases and will be very simple - usually in the form of an email. In all cases the TR, AR and DR should be made immediately available to all parties.
The content of each report is prescribed in the code but points of note are:
The Triage Report should:
The Assessment Report should:
The Discharge Report should:
It is important to note that the parties cannot rely upon the TR in the litigation unless both parties agree. However, this restriction does not apply to the AR and DR and any notes created during the treatment process are subject to the rules governing disclosure.
The code of conduct provides some incentives to those with a financial interest in the rehabilitation process as follows:
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