Michigan attorney explains how restrictions can impact a workers’ comp claim.
Most people have never thought about getting hurt on-the-job and it can be a great shock to them when they learn about the process. This is especially true when an insurance company fails to explain legal rights and just sends people to various appointments. Technical jargon like functional capacity evaluation (FCE) gets thrown around without much explanation. According to Michigan workers’ comp what does FCE even mean?
What is FCE in workers’ comp in Michigan?
According to Michigan workers’ comp law, functional capacity evaluation (FCE) is a detailed assessment of your physical abilities and limitations after a work-related injury, often used to evaluate whether you can return to your previous job or perform other types of work. The results of a functional capacity evaluation can help establish permanent work restrictions and the extent of your disability, which in turn may influence how much your case is worth. It is common for a functional capacity evaluation to say a person can work at sedentary, light, medium, or heavy exertional levels. This is important because it impacts return to work efforts and wage loss benefits.
What is a FCE exam in workers’ comp in Michigan?
According to Michigan workers’ comp law, think of the FCE exam as a supplement to the medical file. It is used by physicians to establish restrictions. This is important because it shows what types of jobs that a person could perform despite any physical limitations. It is usually an all-day process that requires maximum effort.
The FCE typically includes a client interview, musculoskeletal screening, and functional testing. Activities such as walking, balancing, reaching, stooping, kneeling, crouching, crawling, object handling/manipulation, fingering, hand grasping, lifting, carrying, pushing, and pulling will be tested. Positional tolerance such as sitting and standing will also be considered. Pain monitoring during various activities is essential.
What happens after a functional capacity evaluation in Michigan?
In Michigan, insurance companies typically use the workers’ comp FCE exam to see if an employee can return to work under restrictions. Insurance companies do not have to pay wage loss benefits if an employee is able to perform light duty. This is usually the time that an employee gets back to work or is offered a settlement.
Be cautious of insurance companies who use the functional capacity evaluation instead of a treating doctor to establish restrictions. Unfortunately, this one-day test is not always an accurate assessment of a person’s physical capabilities. Disagreement about restrictions can lead to a dispute regarding payment of wage loss benefits.
Is a settlement in a Michigan workers’ comp case determined by functional capacity evaluation?
In Michigan, while a functional capacity evaluation (FCE) can play an important role in a workers’ comp case, it does not solely determine the value of a settlement. A settlement—also known as a redemption—is based on several factors beyond the functional capacity evaluation, including your medical records, doctor opinions, vocational assessments, and your ability to earn wages in the future. In short, the functional capacity evaluation is one piece of evidence among many that your lawyer and the insurance company will consider when determining a fair settlement for your claim.
We tell our clients to watch out for the functional capacity evaluation when it has been scheduled by the insurance company. It is a much better strategy to get work restrictions directly from the treating physician. This ensures a fair assessment of a person’s ability to find alternate employment. If a person can work according to the functional capacity evaluation, there is not much incentive for the insurance company to pay a substantial settlement.
Injured while on-the-job in Michigan? Contact our lawyers now
If you are injured on the job and have questions about a functional capacity evaluation (FCE) and how it will impact your work injury claim, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from injuries suffered on the job. We understand the physical, emotional, and psychological hardships you are experiencing from your crash. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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