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18 March 2005:
BICMA President addresses District Judges Association 18th March 2005
On Friday 18th March Norman Cottington encouraged 450 District Judges to play a greater role in getting better outcomes for injured people. The judges from all over the country responded very positively to the idea that by asking apposite questions and focussing the attention of litigants on rehabilitation issues, they could make a real difference.
Norman explained the benefits of the Rehabilitation Code and set out in detail many practical and concrete means by which the parties to an action for personal injury can be directed towards handling matters in a way that maximises the injured person\'s recovery rather than concentrating only on the amount of damages.
Specifically, he suggested:-
Ask The Questions !
Make The Orders !
Ask whether Rehabilitation has been considered ?
Enacted ? In what form ?
Have both sides been co-operative ?
Has there been an assessment ?
Has funding been made available ? If not why not ?
Is there on-going support ? What benefit ?
Send them away to explore whether there may be some benefit from an assessment.
Any return to work strategies ?
Has rehabilitation been considered ?
(Why not ? Send them away to explore whether there may be some benefit from an assessment)
Has there been an immediate needs assessment?
(why not?)
Was it jointly instructed?
(why not?)
In accordance with the Rehabilitation Code?
(Why not?)
Have any recommendations not been implemented?
(Why not?)
I know you cannot show me the report (if within the Code) – what do the issues concern?
Are there any proposals for longer term rehabilitation?
(Why not?/Is there agreement as to implementation?/What is being done?)
Any return to work strategies?
(Why not?/Is there agreement as to implementation?/What is being done?)
Has there been contact with the employers and other steps to identify and consider the barriers to working?
(Why not?/What is happening?)
Is the defendant/claimant co-operating in the rehabilitation process?
(Why not?/What are the issues/barriers?)
Has funding been made available?
(Why not?)
Has mediation been considered specifically on any rehabilitation aspect causing disagreement?
(Why not?)
Is there on-going support?
(What benefit is being gained?)
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