Walton Mills Solicitors
INFORMATION SHEET 5

REHABILITATION/RETURN TO WORK

Although it is likely to be sometime before you have reached an appropriate point in your recovery to enable you to return to work, it is important that you consider the working options that may be open to you if you cannot return to the type of job that you had before the accident.

It is important you have fully recovered before attempting to return to or have been informed by your doctors that you are able to return to work. You do have a duty to keep your losses as small as possible so that when you are fit to return to work you should make appropriate efforts to do so.

If you are receiving DSS benefits it is likely that you will be seen by the Disability Employment Advisor. If you have any difficulty in arranging an appointment with the Disability Employment Advisor or they are not prepared to assist in helping you to return to work, please let us know.

There are several private organisations who can provide careers counselling, help organise rehabilitation, and undertake assessments to identify the type of work that you would be able to undertake.

The Disability Employment Advisor may assist individuals who have had a health problem or disability lasting longer than a year. They will in certain circumstances assist people who are on incapacity benefit. It is important that you contact the Disability Employment Advisor and keep a record of all meetings and discussions with them and provide us with any letters or forms. The Disability Employment Advisor may refer you to the Regional Disability Service and these may provide one or more of the following:-

1 An employment assessment
2 Work preparation
3 Access to work (this helps with advice and funding for alteration to premises)
4 Supported employment - This is a programme which provides support for people with severe disabilities who are unable to work in open employment and are only able to manage between 30% and 70%
5 Training
6 Job introduction scheme

The Benefits Agency also provides the New Deal. However you must be signed as fit for work for assistance on that scheme.

All too often the Disability Employment Advisor is unable to assist you. In those circumstances it may be appropriate to seek help from other sources.

In certain case the Insurers may be prepared to fund a rehabilitation to assist with your recovery and/or your return to work. Although there is an obvious benefit for the Insurers in that if you return to work (it is likely to reduce or extinguish your loss of earnings claim) it is important that your needs and abilities are adequately assessed. If you are unable to work as a result of physical or mental injuries, rehabilitation may assist, but will not necessarily enable you to return to employment. You will not be expected to return to employment unless you are fit to do so.

There is a Code of Best Practice on rehabilitation early intervention and medical treatment and personal injury claims and the Insurers would consider in appropriate cases paying for the rehabilitation or assessments when this early intervention is not intended to be part of the litigation process but to assist in your recovery. If the Code is appropriate to you we will send you a copy.

In some circumstances if the Insurers are not prepared to fund such assessments, it may be appropriate for you to have an assessment in any event. In those circumstances, the cost of such an assessment may have to be added to the costs of the claim.

It is important that you receive advice about alternative work opportunities. It is also important that when you do look for work in the future you keep a record and/or Rehabilitation and returning to work | Walton Mills personal injury solicitors southampton

Walton Mills Solicitors
INFORMATION SHEET 5

REHABILITATION/RETURN TO WORK

Although it is likely to be sometime before you have reached an appropriate point in your recovery to enable you to return to work, it is important that you consider the working options that may be open to you if you cannot return to the type of job that you had before the accident.

It is important you have fully recovered before attempting to return to or have been informed by your doctors that you are able to return to work. You do have a duty to keep your losses as small as possible so that when you are fit to return to work you should make appropriate efforts to do so.

If you are receiving DSS benefits it is likely that you will be seen by the Disability Employment Advisor. If you have any difficulty in arranging an appointment with the Disability Employment Advisor or they are not prepared to assist in helping you to return to work, please let us know.

There are several private organisations who can provide careers counselling, help organise rehabilitation, and undertake assessments to identify the type of work that you would be able to undertake.

The Disability Employment Advisor may assist individuals who have had a health problem or disability lasting longer than a year. They will in certain circumstances assist people who are on incapacity benefit. It is important that you contact the Disability Employment Advisor and keep a record of all meetings and discussions with them and provide us with any letters or forms. The Disability Employment Advisor may refer you to the Regional Disability Service and these may provide one or more of the following:-

1 An employment assessment
2 Work preparation
3 Access to work (this helps with advice and funding for alteration to premises)
4 Supported employment - This is a programme which provides support for people with severe disabilities who are unable to work in open employment and are only able to manage between 30% and 70%
5 Training
6 Job introduction scheme

The Benefits Agency also provides the New Deal. However you must be signed as fit for work for assistance on that scheme.

All too often the Disability Employment Advisor is unable to assist you. In those circumstances it may be appropriate to seek help from other sources.

In certain case the Insurers may be prepared to fund a rehabilitation to assist with your recovery and/or your return to work. Although there is an obvious benefit for the Insurers in that if you return to work (it is likely to reduce or extinguish your loss of earnings claim) it is important that your needs and abilities are adequately assessed. If you are unable to work as a result of physical or mental injuries, rehabilitation may assist, but will not necessarily enable you to return to employment. You will not be expected to return to employment unless you are fit to do so.

There is a Code of Best Practice on rehabilitation early intervention and medical treatment and personal injury claims and the Insurers would consider in appropriate cases paying for the rehabilitation or assessments when this early intervention is not intended to be part of the litigation process but to assist in your recovery. If the Code is appropriate to you we will send you a copy.

In some circumstances if the Insurers are not prepared to fund such assessments, it may be appropriate for you to have an assessment in any event. In those circumstances, the cost of such an assessment may have to be added to the costs of the claim.

It is important that you receive advice about alternative work opportunities. It is also important that when you do look for work in the future you keep a record and/or diary of your search for employment together with copies of letters written to potential employers and any replies received. You should also keep a record of the interviews attended and the outcome of those interviews.