Immediate Needs Assessment: A guide to accessing rehabilitation early
Someone returning home after a serious injury may urgently need physiotherapy, specialist equipment, home adaptations or assistance with everyday activities. This support cannot always wait until a compensation claim has concluded.
An Immediate Needs Assessment (INA) identify an injured person’s requirements so they can access the treatment, rehabilitation and practical support they need to make the best possible recovery and regain their independence.
At Bolt Burdon Kemp, we consider rehabilitation an important part of supporting our clients through their serious injury claim. Here we explain what an INA involves and how its recommendations may be funded.
What is an Immediate Needs Assessment?
An INA is an independent assessment designed to identify the treatment, rehabilitation and support a person may need following a serious injury. It considers how the injury has affected their everyday life, the difficulties they are experiencing and what assistance could improve their recovery, independence and quality of life.
The 2015 Rehabilitation Code encourages parties involved in personal injury claims to consider rehabilitation at the earliest possible stage, without waiting for the compensation claim to conclude.
Importantly, rehabilitation can be considered even where the defendant has not admitted responsibility for the accident. The focus of an INA is on the injured person’s needs rather than the legal arguments surrounding their claim.
Who carries out an Immediate Needs Assessment?
An INA is usually carried out by a case manager, typically an experienced healthcare professional with a background in nursing, physiotherapy or occupational therapy.
Their role is to provide an objective assessment of the injured person’s needs, considering their injuries, treatment to date and the impact on their physical and psychological wellbeing, daily activities and ability to work.
Recommendations should be based on what is clinically appropriate and likely to assist rehabilitation, rather than the positions adopted by the parties in the compensation claim.
What happens during an Immediate Needs Assessment?
An INA will usually take place in person, often at the injured person’s home, although it may be carried out in hospital or another suitable setting.
The assessor will discuss the injury, treatment received and any ongoing symptoms or difficulties. They may also review medical records and speak with family members or carers where appropriate and with the injured person’s agreement.
The assessment will consider various aspects of everyday life, including:
- Physical health and mobility: Difficulties with movement, pain, fatigue or daily activities.
- Personal care: Whether assistance is needed with washing, dressing, preparing meals or household tasks.
- Psychological wellbeing: Emotional difficulties, including anxiety, low mood or adjusting to life after injury.
- Home environment: Whether equipment or adaptations could improve safety and accessibility.
- Work and education: Support needed to return to employment, education or training.
- Family and social life: The impact of the injury on relationships, leisure activities and independence.
The assessor will also consider any support already being provided by family or friends and whether additional professional assistance would be beneficial. It’s a chance for the injured person to explain their difficulties and raise concerns about their recovery. A family member or carer can usually attend if this would be helpful.
What happens after the assessment?
Following the INA, the case manager will prepare a report identifying the injured person’s rehabilitation needs, recommending treatment and support, and setting out anticipated costs.
Recommendations may include physiotherapy, occupational therapy, psychological treatment, specialist medical assessments, care assistance, equipment, home adaptations or vocational rehabilitation.
The injured person’s solicitor will consider the report and discuss funding with the defendant or their insurer. Where funding is agreed, arrangements can be made for treatment or support to begin, often through private rehabilitation providers to avoid unnecessary delays.
In some cases, ongoing case management may also be recommended. A case manager can coordinate treatment, monitor progress and review rehabilitation needs as circumstances change. However, not every INA will lead to ongoing case management.
Who pays for the recommended rehabilitation?
In many serious injury claims, the defendant or their insurer may agree to fund an INA and some or all of the recommended rehabilitation.
Funding can be considered under the 2015 Rehabilitation Code even where liability has not been admitted. An agreement to fund rehabilitation does not, in itself, amount to an admission of liability.
However, funding is not guaranteed. If the defendant or insurer declines to fund some or all of the recommendations, the injured person’s solicitor can explore alternative options.
These may include NHS treatment or, where the legal requirements are met, seeking an interim payment of compensation. An interim payment provides access to part of the compensation before the claim concludes and can help fund treatment and support.
How can Bolt Burdon Kemp help?
Recovering from a serious injury can be overwhelming, particularly when managing medical appointments, changes to everyday life and an unfamiliar legal process.
We understand that waiting for a compensation claim to conclude before accessing support is not always an option. That is why we consider our clients’ rehabilitation needs from the outset and seek to arrange an INA at the earliest appropriate opportunity.
We work with experienced rehabilitation professionals and engage with defendants and insurers to explore funding for recommended treatment and support.
Our aim is not simply to secure compensation at the end of a claim, but to make a meaningful difference to our clients’ lives throughout the process, supporting their recovery, independence and long-term wellbeing.
