Welcome Boost for Welsh NHS Trusts with Injury Costs Recovery Scheme

Welcome Boost for Welsh NHS Trusts with Injury Costs Recovery Scheme

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In a little over two years more than £22m has been recovered by NHS trusts in Wales in respect of ambulance and treatment costs incurred as a result of accidents caused by third parties.

The Injury Costs Recovery (ICR) scheme, administered by the Department of Work and Pensions via its Compensation Recovery Unit, allows NHS trusts to recover the costs of treating accident victims where personal injury compensation is paid. The costs are typically clawed back from the insurer of the person who caused the accident for which compensation is paid.

Where an injured person is provided with NHS ambulance services and goes on to pursue a successful compensation claim against the person who caused the injury the charge is £171. Where the injured person received NHS treatment but is not admitted the charge is £566; where the injured person received treatment as an in-patient the daily charge is £695. The maximum charge that can be levied is £41,545. The Compensation Recovery Unit also recovers amounts paid out as state benefits to those who have been caused to pursue successful compensation claims in consequence of accidents for which a third party was at fault. This claw back is paid directly by the person at fault or more often by their insurer.

In 2008/09 Welsh NHS trusts recovered more than £10m under the ICR scheme. Across the UK as a whole, in that same period the Compensation Recovery Unit recovered a total of more than £138m[*]. Coincidentally almost £10m of that larger amount was clawed back in respect of state benefits paid out and recouped as a result of successful claims for compensation arising out of clinical negligence.

Jon Rees, partner at law firm Hugh James which represents thousands of accident victims each year, commented: "People often overlook the sometimes hidden costs those avoidable accidents which result in injury can entail not only for the injured party, but also for the party at fault and for society at large. In the grand scheme of things the amounts clawed back by NHS trusts under the ICR scheme and more broadly by the DWP's Compensation Recovery Unit, though obviously welcome, actually seem relatively modest, but the principle of making those causing injury to others pay the full cost of their actions is sound. Any amount recouped by the state in respect of the significant costs it incurs in helping those injured as a result of another's negligent acts or omissions is surely to be welcomed".

Hugh James represents many people who have been injured as a result of someone else's negligent actions. To consult one of our specialist personal injury lawyers, please e-mail jonathan.rees@hughjames.com

*http://www.dwp.gov.uk/other-specialists/compensation-recovery-unit/performance-and-statistics/performance-statistics/