Recent research carried out by the Association of Personal Injury Lawyers (APIL) has found that the cap on the amount the NHS can recover from treating negligently injured people is costing the health service millions of pounds.
Many may be unaware that when they have suffered an accident that wasn’t their fault, making a personal injury compensation claim not only allows them to be financially compensated, but also allows the NHS to claim back some of the costs involved with their treatment through the NHS Injury Costs Recovery Scheme.
What is the NHS Injury Costs Recovery Scheme?
The NHS Injury Costs Recovery (ICR) Scheme is a program that allows the National Health Service to recover the costs of treating individuals who have suffered a personal injury caused by a third party. This could include someone injured in a road traffic collision or in the workplace due to their employer’s negligence.
The scheme enables the NHS to seek reimbursement for the costs incurred in providing medical treatment and care to patients when a personal injury claim is successfully pursued. The NHS cannot claim back any cost of treatment if the patient does not make a claim involving an injury.
The costs that can be recovered can differ depending on whether the treatment was required on an inpatient or outpatient basis, and if there was any use of an ambulance.
The government website lays out the varying tariffs of what can be claimed back. Still, it is worth noting that the maximum amount from 1st April 2022 that can possibly be claimed is £56,260 (or roughly 60 days of inpatient treatment), meaning that any treatment or care above this threshold is paid for by the NHS instead of the negligent party or the insurer or ‘at fault compensator’.
‘At fault compensator’ cap
APIL’s insights have found that the NHS is losing millions of pounds due to the cap on the amount the ‘at fault compensators’ are required to pay for the treatment of the injured parties. The maximum cap of £56,260 means that any extra costs above that amount are to be paid by the NHS.
It is worth noting; however, that if someone is in an accident and never pursues a personal injury claim, then the NHS doesn’t recover any costs at all for any of the treatment that the injured person has received.
According to APIL’s research into the matter, the NHS has lost an estimated £52.4 million in the last three years due to the cap on the amount they can claim through the Costs Recovery Scheme.
This figure is also just the number related to the excess the NHS has to pay after the ‘at fault compensators’ have covered their share. The costs to the NHS will be much greater due to the fact that many injured parties do not make compensation claims at all, leaving the NHS unable to use the Costs Recovery Scheme to claim back at least a fraction of their costs. With one of the concerns being raised that due to various reforms made by the present government access to justice is being eroded.
How can Major Trauma Group assist?
If you have been injured in an accident that wasn’t your fault, then our team of specialist firms at Major Trauma Group can provide you with the expert assistance you will need when making a personal injury claim for compensation.
Our member firms are situated all across the UK and work tirelessly to ensure the best outcomes for our clients in terms of both financial compensation and access to specialist rehabilitation treatments following serious injuries. Please do not hesitate to get in touch with us today to find out more via email (hello@majortraumagroup.co.uk), telephone (0330 311 2578) or via live chat on our website (available Monday-Friday 9am to 5pm).
