The Rehabilitation Code is a voluntary framework encouraging the injured person's representatives and the compensator (insurer) to work together to get treatment and rehabilitation going early — often before the claim settles, and usually at the insurer's expense. The principle is that recovery comes first: getting someone better quickly is good for them and can reduce the long-term cost of the claim. It commonly starts with an immediate needs assessment.
A claim is about money, but for a seriously injured person what matters most is getting better. The Rehabilitation Code reflects that priority by encouraging both sides to put recovery ahead of the legal fight. This guide explains what the Code is, how rehabilitation can be funded while a claim is running, and why it benefits everyone.
One thing to be clear about from the outset: we are an independent information service, not a law firm and not a firm of solicitors. Nothing here is legal advice about your own situation. For that, speak to an SRA-regulated solicitor or use the official sources we signpost below.
What the Rehabilitation Code is
The Rehabilitation Code is a voluntary, industry-recognised framework that promotes early, collaborative rehabilitation in personal injury claims. It encourages the injured person's solicitor and the compensator (the defendant's insurer) to consider, from the outset, what treatment and support would help the claimant recover and return to work and normal life. The Code's guiding idea is that rehabilitation should be addressed separately from, and ahead of, the question of how much compensation is finally paid.
Putting recovery before the payout
The central principle is straightforward: getting the injured person better is the priority. Early physiotherapy, psychological support, surgery or vocational help can make a real difference to how well and how quickly someone recovers — and waiting years for a settlement to fund it can entrench problems that early treatment would have eased. The Code recognises this is also in the insurer's interest, because a better recovery often means a lower overall claim, aligning everyone behind the same goal for once.
The immediate needs assessment
Rehabilitation under the Code often begins with an immediate needs assessment (INA) — an independent assessment of what the injured person needs now to aid recovery and cope day to day. Crucially, the assessment is meant to be independent and not used as evidence on liability or value, so both sides can engage with it openly. The report recommends treatment and support, which the parties then consider funding. This early, practical focus is one of the Code's most valuable features.
Who pays for rehabilitation
Where the Code is followed and the defendant's insurer accepts the approach, rehabilitation is commonly funded by the compensator as the claim proceeds, rather than the injured person paying upfront and recovering it only at the end. This dovetails with interim payments, which can also fund treatment and living costs once liability is admitted. The treatment costs ultimately form part of your special damages, but the Code aims to get the help flowing when it's actually needed.
Remember the Code is voluntary
The Rehabilitation Code is not a law you can enforce — it is a voluntary code of best practice. In serious cases it is widely followed, but engagement depends on the insurer's co-operation and the facts, and it is more common once liability is admitted or likely. A good solicitor will raise rehabilitation early and press for it where it would help. Whatever the legal position, your own recovery should never wait unnecessarily — discuss treatment with your GP and clinicians regardless of the claim.
Frequently asked questions
What is the Rehabilitation Code?
It is a voluntary, industry-recognised framework that encourages the injured person's representatives and the defendant's insurer to arrange early treatment and rehabilitation, often before the claim settles and usually at the insurer's expense. Its guiding principle is that recovery should be addressed ahead of the question of final compensation.
Can I get treatment funded before my claim settles?
Often, yes. Where the Rehabilitation Code is followed and the insurer agrees, rehabilitation such as physiotherapy or psychological support can be funded by the compensator while the claim is ongoing, rather than you paying upfront. Interim payments can also fund treatment once liability is admitted.
What is an immediate needs assessment?
It is an independent assessment of what an injured person needs now to aid recovery and manage daily life. It is intended to be independent and not used as evidence on liability or value, so both sides can engage with it openly, and it recommends treatment and support for the parties to consider funding.
Who pays for rehabilitation under the Code?
Where the Code is followed and the defendant's insurer accepts the approach, rehabilitation is commonly funded by the compensator as the claim proceeds. The treatment costs ultimately form part of your special damages, but the Code aims to get help flowing when it is actually needed rather than only at the end.
Is the Rehabilitation Code legally binding?
No. It is a voluntary code of best practice rather than an enforceable law. It is widely followed in serious cases, but engagement depends on the insurer's co-operation and the facts, and it is more common once liability is admitted or likely. Your own recovery should not wait on the claim regardless.
Get help from official, free sources
- GOV.UK — official guidance on injury claims, the courts and your rights
- Citizens Advice — free, impartial advice on making a claim
- Solicitors Regulation Authority (SRA) & The Law Society — check and find a regulated solicitor
- Official Injury Claim (OIC) — the free portal for lower-value road-traffic injury claims
- Civil Procedure Rules (justice.gov.uk) — the rules and pre-action protocols that govern claims