A Virginia workers’ compensation functional capacity evaluation (FCE) includes a physical examination, a series of tests, or diagnostic scans. The purpose is to assess an injured worker’s physical condition, disabilities, and limitations. A treating physician, employer, insurer, or claimant may ask for the evaluation to obtain medical evidence of a worker’s physical restrictions after a work injury.
When you have an active workers’ comp claim, understanding how functional capacity evaluations could affect your case and what to expect in an assessment will help protect your rights and interests.
Is the Functional Capacity Evaluation Used to Determine My Workers’ Compensation Claim?
The results of a functional capacity evaluation could affect the course and outcome of your workers’ compensation claim. For example, the FCE could determine whether you have recovered enough from your work injury to return to work, regardless of whether you receive accommodation at the workplace. When you reach maximum medical improvement (MMI, or the point at which your doctors expect no further treatment to improve your condition), a functional capacity evaluation can help determine your impairment rating. The rating will affect the amount of permanent partial disability benefits you receive.
Circumstances where an employee may undergo a functional capacity evaluation include:
- Soon after the employee’s initial work injury (with subsequent evaluations used to measure the progress of the employee’s recovery)
- When an employee’s treating physician determines that the employee has reached MMI
- When an employee recovers more slowly than expected
- When an employer or insurer has evidence that the employee engaged in activities inconsistent with their medical restrictions
- When an employee has trouble performing a modified or light-duty position.
What Tests Can You Expect During the FCE?
A functional capacity evaluation may incorporate several tests. The tests will depend on the nature of the worker’s injury or illness. Employees who suffer physical injuries may undergo a series of physical tests designed to measure their range of motion and strength, assessing their current physical capabilities. These tests may include the following:
- Physical ability tests – These tests measure an individual’s ability to sit, stand, walk, pull/push/lift objects, reach above their head, climb ladders or stairs, handle objects, stoop, kneel, crouch, and crawl.
- Musculoskeletal tests – These tests measure the person’s reflexes, flexibility, range of motion, and muscle tone
- Endurance tests – The purpose of these tests is to measure how long a person can walk or exert themselves while recording their heart rate to avoid overexertion
Employees with injuries or occupational illnesses may undergo additional tests, such as electrocardiograms (EKGs), aerobic testing, blood pressure monitoring, or vision testing.
Examiners who conduct FCEs may also interview the employees. Interviews may focus on mental health assessments for employees with work-related mental health conditions. For physical injuries or occupational illnesses, the interview will focus on questions about an employee’s medical treatment, rehabilitation, and medication.
The examiners may also ask the employee to provide their subjective assessment of their current condition. For instance, the examiner could ask the employee to describe their physical limitations or how their injury or illness affects their daily life.
Who Pays for a Functional Capacity Evaluation?
When the employer or workers’ compensation carrier covers the cost of a functional capacity evaluation, it’s either because they accepted the employee’s claim due to the authorized treating physician ordering the exam or because the Commission ordered them to take it. If the injury is disputed or an employee chooses to undergo the FCE independently, they must cover the evaluation cost.
Can You Challenge the Results of a Functional Capacity Evaluation?
If an employee disagrees with the results of the functional capacity examination, they can undergo another functional capacity evaluation at their expense. The evaluations are then presented to the authorized treating physician. What that doctor says will carry greater weight if the issue is brought to a hearing before a deputy commissioner.
How Can a VA Workers’ Compensation Lawyer Help Me?
An injury at work can be devastating, leading to expensive medical costs and a significant loss of income. The workers’ compensation attorneys of Marks & Harrison know how important it is for you and your family to receive the workers’ compensation benefits you deserve. When you work with our law firm, you can expect us to:
- Meet with you to learn all the facts relating to your case.
- Explain to you all of your important legal rights and options.
- Review your medical records and get a complete understanding of your injuries and medical condition.
- Meet with your physicians and health care providers
- Answer all of your questions regarding workers’ compensation benefits
- Protect your rights if you must undergo a functional capacity evaluation
- Advise you and keep you informed about the progress of your case.
Contact a Virginia Workers’ Compensation Lawyer
Since 1911, Marks & Harrison has worked tirelessly to pursue compensation for accident victims. We have recovered millions of dollars for clients across Virginia, including clients who suffered injuries on the job. We have a proven record of success in some of Virginia’s most prominent injury cases, including numerous cases involving injured and ill workers. Our team of over 32 personal injury lawyers, over 130 support personnel, and investigators has the skills and resources you will need to tackle the challenges in your case. Contact us today to schedule a free consultation with a Virginia workers’ compensation lawyer and discover how we can help with your claim.
