The pathway to progress

It has almost come from nowhere. Policy-makers in the Civil Service have understood what has been going on in the insurance industry for some time, and developed the Pathways to Work programme in parallel with the industry's greater use of rehabilitation in personal injury cases. It was not really until the publication of the Better Regulation Task Force's report into the compensation culture last year that it began to be taken up by ministers. Now you can't stop them.

The Department of Constitutional Affairs cannot stop talking about it. Ask them what will be in the draft Compensation Bill and the instant response will be encouragement to use rehabilitation as part of a broader, non-confrontational claims-management strategy. Press further and the thinking gets a bit fuzzy,

David Blunkett, Secretary of State for Work and Pensions, has become an enthusiast. He has seen the first significant analysis of the pilot PtW programmes and these have shown great success in getting people who have been off work for a long time back into gainful employment. This will mean a major boost to the whole vocational rehabilitation arena but not one financed entirely by public money, despite the obvious payback in benefit savings.

The government, especially the Department for Work and Pensions, will be looking to employers to provide rehabilitation programmes for the early phases of absence, with the PtW only stepping in when the disengagement with employment has become more lasting.

This will be done partially by encouragement, but also partially by compulsion. It will not be long before all employers above a certain, modest, size will be expected to provide access to occupational health services. These will be required to be offered to employees who are injured at or outside of work.

Many employers will be hoping for a proactive approach from their employers' liability insurers in offering rehabilitation to those injured at work, or from income-replacement insurers to pick up those employees with medium-term absences. There are plenty of signs that there are firms on the market ready to respond to this trend. Equally, there seem to be others who are oblivious to it.