The general rule—no compensation unless there is a recognised psychiatric illness

It is common for accident victims to suffer considerable distress as a result of their accident or injury, particularly if the accident itself was very serious or if a fatality occurred. Generally speaking, such distress will not entitle them to bring a claim for psychiatric injury as a separate head of loss unless that injury amounts to a recognised psychiatric illness.

As such, whether or not a claimant has suffered a recognised psychiatric injury is a particularly important issue.

There are two benefits to resolving this question quickly:

1. •

   firstly, it allows the claim to proceed on the correct basis and the claimant to be compensated in full, and

2. •

   secondly, it means that the rehabilitation code can be used to help a claimant who will benefit medically from psychological or psychiatric intervention to receive it as soon as possible

For further information on the Rehabilitation Code, see Practice Note: Rehabilitation Code 2015.

The different factual situations where a claim for psychiatric injury or illness