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Litigation support and disability

'The revised Rehabilitation Code'

Successful claim handling is more than maximising or minimising compensation

Arranging compensation for accident victims is not enough. Claimant solicitors are now expected to help Claimants rebuild their lives as soon as possible and insurance companies have agreed to pay for reasonable rehabilitation services.

'The revised Rehabilitation Code' is supported by all the main associations for insurers and personal injury lawyers (including APIL & FOIL, it is available for example on the APIL website www.APIL.com ). The purpose of this document is to encourage both sides in a dispute to consider how the Claimant can be helped to rebuild their life, whether through early intervention, medical treatment, rehabilitation and assessment of employment needs.

The document sets out the role of the 'independent assessor' which is to determine rehabilitation needs and recommendations. An 'independent assessor' can determine what employment issues can be addressed for the benefit of the Claimant. The Revised Rehabilitation Code requires that the assessment is to be carried out by 'those who have an appropriate qualification'. We believe that occupational psychologists with experience of assisting people with disabilities can act as an appropriate ' independent assessor'.

With a team of occupational psychologists, and vocational rehabilitation professionals we are well equipped to provide a comprehensive and helpful report.

The 'Revised Rehabilitation Code' requires that the assessment is to be carried out by 'those who have an appropriate qualification'. What issues would such a report include:

Occupational implications of the medical advice/issues 

Functional issues, e.g., mobility, deterioration, side effects of medication, stamina and fatigue, chronic pain and other health related restrictions, 

Emotional resilience (sufficient for the work place?), 

Drive, aspirations, attitude, focus 

Temperament, interests, 

Self awareness of strengths/ development needs 

Basic skills of literacy and numeracy, 

Clarity of verbal and written communication · Transferable skills & qualifications,

 Interpersonal / social skills, Intellectual ability, e.g., concentration, memory, 

Re-training potential and learning style. 

Misc. individual factors such as previous working pattern, criminal record.

In addition, an: 

Accurate understanding of the needs of employers and the changing nature of work, 

Up-to-date occupational and careers information, 

Knowledge of the various statutory and private rehabilitation services, 

Understanding of the opportunities and possibilities for job retention, for example, through job re-design, or re-training of the Claimant?

Some of these can be more objectively assessed than others. However, a report that attempts to consider each of the above factors, and makes appropriate recommendations would be extremely useful for helping the Claimant get back to work.

If you would like further information on vocational rehabilitation and the range of statutory services available to disabled people, please get in touch

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