The Rehabilitation Code: When It Applies — and When It Doesn’t
Early access to rehabilitation can change the course of recovery after injury — but when litigation is involved, getting that support in place can be complex. The Rehabilitation Code (2015) was designed to help solve this problem, providing a voluntary framework that encourages collaboration between claimant solicitors, insurers, and rehabilitation professionals to ensure that rehabilitation starts as soon as possible.
What the Rehab Code Is — and Why It Matters
The Rehab Code is a voluntary agreement between claimant representatives and compensators (usually insurers) that sets out how parties should work together to assess and meet an injured person’s rehabilitation needs.
Although the Code was originally created for personal injury cases, many of its principles are now influencing how rehabilitation is approached in clinical negligence (clin neg) claims — even if it doesn’t formally apply.
Its purpose is to make sure the focus stays on recovery, not just liability or compensation. It encourages both sides to cooperate early, appoint a case manager where appropriate, and jointly agree a rehabilitation plan.
The underlying principle is simple: rehabilitation should not wait for the lawyers to agree who’s at fault.
When the Code Comes Into Play
Once a personal injury claim is notified, the parties are encouraged to consider the Rehab Code immediately.
There is a duty to consider rehabilitation at the very start of the process, even if there’s no agreement on liability.
An insurer or compensator can authorise an Immediate Needs Assessment (INA) and make an interim payment to fund rehabilitation regardless of the eventual outcome of the claim. The intention is to get the right support in place quickly, rather than letting an injured person’s recovery stall while fault is debated.
For many serious injury claims, this process leads to the appointment of a case manager who coordinates ongoing rehabilitation, reports progress, and helps ensure the interventions remain proportionate and clinically justified.
Does the Rehab Code Apply to Clinical Negligence?
This is where things become more nuanced. The Rehab Code was originally designed for personal injury cases — such as road traffic accidents or workplace injuries — where insurers are typically involved and early funding is more straightforward.
In clinical negligence, the situation is more complicated. While the Code itself doesn’t automatically apply, the Pre-Action Protocol for the Resolution of Clinical Disputes contains a similar expectation: both parties must “consider as early as possible whether the claimant has reasonable needs that could be met by rehabilitation treatment or other measures.”
In other words, the spirit of the Rehab Code applies — but not always the formal process.
In practice, early rehabilitation in clin neg cases is often harder to achieve. Liability is usually more complex, investigations take longer, and defendant organisations (such as NHS Resolution) may be cautious about funding rehabilitation before admitting fault. That means progress can depend heavily on the willingness of both legal teams to cooperate and the clarity of clinical recommendations.
Why the Code (and Its Principles) Matter for Case Managers
For case managers, understanding the Code — and its limitations — is essential.
Early access to support: Whether under the Code or the clin neg protocol, the priority is to get help in place early.
Clear communication: Be explicit about when you are instructed under the Rehab Code versus a standard medico-legal instruction.
Separate documentation: Keep clinical progress notes and medico-legal records distinct to avoid privilege or disclosure issues later.
Transparency: Keep recommendations clinically justified, proportionate, and well-documented.
Realism: In clin neg, be prepared for delays and funding discussions. Build phased or review-based plans that make early intervention easier to approve.
Key Challenges and Misunderstandings
“We can’t start until liability is agreed.”
Not true under the Rehab Code. Rehabilitation can and should begin early — insurers can fund it on an interim basis.“The Code doesn’t apply, so rehab can wait.”
Even in clin neg, the pre-action protocol requires parties to consider rehabilitation needs at the outset.“An INA guarantees funding.”
It doesn’t. The assessment may highlight needs, but compensators can still reject or modify recommendations.“All rehab reports are legally privileged.”
Not necessarily — medico-legal and clinical records must be handled separately to avoid confusion or redaction disputes.
Final Thought
Whether under the Rehab Code or the Clinical Disputes Protocol, the message is clear: early, coordinated rehabilitation benefits everyone — the client, the case manager, and the legal teams.
Understanding where the Code applies (and where it doesn’t) helps case managers navigate those early conversations with confidence, ensuring that clients get the right support as soon as possible — not just once the lawyers have finished talking.
At Healthy You, our focus is on helping case managers thrive in demanding roles. Through training, supervision, and peer forums, we create spaces where you can build resilience, share experiences, and strengthen practice. If you’d like to explore these themes further, or simply hear how other case managers are approaching their work, join one of our free Case Manager Confidential sessions — a confidential forum designed to offer both support and practical insight.
For details, contact sarahsawyer@healthyyoultd.co.uk