Rehabilitation After Serious Injury — Securing Early Treatment
Last reviewed: June 2026 · EA Personal Injury Solicitors
Early specialist rehabilitation can significantly improve long-term recovery after a serious injury. The Rehabilitation Code allows defendant insurers to fund appropriate rehabilitation before the claim is resolved — separately from and without prejudicing the compensation claim. We engage proactively with rehabilitation from the earliest stage of every serious injury case.
TL;DR — Quick Summary
Key Points
- The Rehabilitation Code allows early rehabilitation funded by the defendant insurer.
- Rehabilitation is without prejudice — it does not affect your compensation entitlement.
- Types covered: neuro-rehab, physiotherapy, occupational therapy, neuropsychology, speech therapy.
- A case manager can co-ordinate all aspects of care and rehabilitation.
- Early rehabilitation generally leads to better long-term outcomes.
- Case management costs throughout life are a recoverable head of loss.
Why Early Rehabilitation Matters
Research consistently shows that early, appropriate rehabilitation after serious injury — particularly brain injury and spinal cord injury — significantly improves long-term neurological and functional outcomes. The period immediately after injury is often the most critical for rehabilitation. Delays in accessing specialist treatment can have lasting consequences.
We treat securing appropriate rehabilitation as an immediate priority in every serious injury case — not something to be organised once the legal issues are resolved.
The Rehabilitation Code 2015
The Rehabilitation Code provides a formal framework for early rehabilitation in personal injury cases. Its key features are:
- A joint rehabilitation assessment (the "needs assessment") is carried out by a suitably qualified assessor agreed between the parties.
- The assessment identifies the claimant's rehabilitation needs and proposes a programme of treatment.
- The defendant's insurer funds the reasonable cost of agreed rehabilitation — without prejudice to liability or quantum.
- The rehabilitation costs are kept entirely separate from the compensation claim and are not deducted from the final award.
The Code applies to cases where rehabilitation needs have been identified and both parties engage. We proactively invite defendant insurers to engage with the Code at the earliest opportunity.
Case Management
In serious injury cases — particularly those involving brain injury or spinal cord injury — a case manager can play a transformative role. The case manager:
- Co-ordinates care, therapy, and medical treatment
- Liaises with treating clinicians, family members, and the legal team
- Identifies unmet needs and arranges appropriate services
- Supports the claimant's reintegration into the community and, where possible, a return to work
The cost of a case manager — from now until the end of the claimant's life — is a fully recoverable head of loss in serious injury claims. We obtain a case management report as part of the claim evidence to quantify this element of compensation.
Interim Payments to Fund Rehabilitation
Where rehabilitation costs exceed what the Rehabilitation Code covers, or where the defendant will not engage with the Code, we can seek interim payments from the court to fund ongoing care and specialist treatment. See our page on interim payments for more detail.