Workers’ compensation is available to the majority of employees who become sick at work or are injured in a workplace injury. The details vary from state to state, but generally, payments are made for medical treatment and a percentage of most earnings. Most workers’ compensation also takes into account more permanent disability. Deciding when a worker is capable of returning to work, and whether he or she is able to return to normal work is normally left to a doctor’s discretion. A functional capacity evaluation (FCE) may be necessary to confirm the employee’s suitability for resumption of duties. A FCE may also be needed to decide whether a permanent disability payment is necessary or whether a period of rehabilitation is necessary. An FCE is an Objective Measure of an Employee’s Suitability for Employment A functional capacity evaluation is a series of observations, practices and tests used to determine whether an employee who has either been sick, or has suffered an injury at work is capable of returning to work. An FCE also helps to determine whether the employee is capable of doing the same work as before or their illness or injury means that that they have reduced ability and may only be capable of doing lighter work or different work altogether. FCEs may also be used to decide whether the employee is incapable of returning to work at all and may need compensation to cover a longer period of disability. FCEs may be needed by an employer’s insurer to determine the level of compensation paid and may also be a requirement made by the employer before resumption of work. FCEs are usually made by a physician or more than one physician after certain standard mental and physical tests have been made. What is Involved in an FCE? The sorts of tests used in a FCE may vary from state to state and insurance provider to insurance provider. The U.S. Social Security Administration can be used as an example. It uses two different series of tests. These are the Mental Functional Capacity Evaluation (MFCE) and the Physical Functional capacity Evaluation (PFCE). Examples of tests that might be carried out for a PFCE include the following: Balancing ability; Bending ability; Flexibility and reaching ability; Grasping and holding capacity; How long the person can stand up and walk; Lifting ability; Pushing and pulling power. Why You May Want to Contact an Attorney if You are Injured at Work Claiming compensation for a workplace related injury or illness should be a straightforward procedure. After all, it is a no-fault payment. Employees do not need to show that their illness or injury was due to negligence on the part of their employer. However, many workers’ comp. claims are denied or challenged by insurers and employers. The more serious the injury or illness, the more important a fair and adequate compensation payment is calculated. This may involve obtaining an FCE from an approved physician or physicians. An experienced workers’ compensation attorney can provide valuable legal advice and be ready to help if the claim is delayed, denied or challenged. Additional Resources Workers’ Comp and Returning to Work: Will You Lose Benefits? Hiring an Attorney for Workers' Compensation
