Private medical care and rehabilitation: when it might be available through a claim

Updated: 4 Oct, 2025
By Chris Salmon

After a workplace accident, your recovery may depend on timely treatment and rehabilitation. Although the NHS provides excellent care, waiting times can be long. In some cases, private medical treatment and rehabilitation can be funded as part of your injury claim, helping you to recover sooner and get back to work or normal life more quickly.

At a glance

• Special damages can include private medical treatment costs if they are reasonable and supported by evidence (Source: Judiciary UK)
• Early access to physiotherapy, surgery or specialist care may speed up your recovery.
• The cost of treatment is usually covered by the defendant’s insurer if liability is accepted.
• Your solicitor will work with medical experts to assess your treatment needs.
• Private treatment does not affect your right to continue receiving NHS care.

What types of private treatment can be covered?

The range of treatment will depend on your injury and medical recommendations. Common examples include:

• Physiotherapy and occupational therapy: To support recovery and improve mobility.
• Surgery: In cases where quicker access to surgery will aid recovery.
• Psychological therapy: Such as CBT for anxiety, depression or trauma after an accident.
• Specialist rehabilitation programmes: For serious or complex injuries requiring multidisciplinary support.

How does it work in practice?

If liability is accepted, the defendant’s insurer may agree to fund private treatment as part of the claims process. This is often arranged through something called the Rehabilitation Code, which sets out how insurers and solicitors should work together to provide early access to treatment.

Your solicitor may also apply for an interim payment from the insurer to cover urgent treatment costs while your claim is ongoing.

Example

A construction worker suffered a serious knee injury after falling from scaffolding. NHS surgery was available but with a long waiting time. His solicitor arranged for the defendant’s insurer to cover private surgery within weeks, followed by physiotherapy. This allowed him to return to work sooner and the costs were recovered as part of his compensation claim.

Do I have to use private treatment?

No. You are not obliged to use private care if you prefer to wait for NHS treatment. However, early intervention often leads to better outcomes. Using private treatment through your claim will not affect your right to NHS care in the future.

What if liability is disputed?

If the defendant has not admitted liability, it may be more difficult to secure insurer-funded treatment. In these cases, your solicitor might still apply for interim funding, or you may choose to fund the treatment yourself and claim the costs back later if your case succeeds.

Next steps

If you are considering private medical treatment after an accident, speak to your solicitor. They can advise whether the cost of treatment is likely to be recovered and how quickly arrangements can be made.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon

External references

• GOV.UK: Compensation after an accident or injury - explains how compensation claims can cover private medical care and rehabilitation costs.
• HSE: Rehabilitation - provides guidance on workplace rehabilitation, including accessing private care through injury claims.
• NHS Resolution: Advice for claimants - offers information on securing rehabilitation funding through personal injury claims.
• NHS: Rehabilitation after a work injury - details rehabilitation options, including private medical care, for workplace injury recovery.