Maison Law can help you through a workers’ compensation claim after you’ve been hurt on the job in California. There’s a lot of different factors that go into your workers’ comp claim and what you can get in a settlement, but one of the most important is a Functional Capacity Evaluation (FCE). An FCE can be scary, especially when you’re relying on a potential settlement from workers’ comp to get back on your feet. Our team can make sure you’re treated fairly. Set up a free consultation today.
How Can a Lawyer Help Me With an FCE?
When you’re going through the workers’ compensation system after a workplace injury, it’s already a difficult process. But if you reach a Functional Capacity Evaluation (FCE), it’s a turning point.
So, while you don’t have to get a lawyer, being up against such a turning point can feel overwhelming. But our team can help you in a variety of ways:
- Explaining what the test actually measures
- Making sure the FCE is appropriate for your injury
- Preparing you for common issues
- Reviewing the FCE report for accuracy
- Using the results strategically in settlement talks
Your FCE is usually what influences your permanent disability rating, future work restrictions, and whether your employer can bring you back. But it’s also important for your potential settlement. That’s where our team can make sure you’re evaluated fairly and you can move forward. And one of the ways we do that is by helping you put together important information.
Is There Information That Can Help My FCE?
Obviously, an FCE is pretty important. And while the results are going to be based on what the doctor or evaluator sees in the office, there’s other pieces that are going to factor in. Here’s what can help:
- Your own notes. Write down what movements hurt, how long the pain lasts, and what makes symptoms better or worse. You don’t need technical language—just your honest experience. This helps you describe limitations clearly during the evaluation.
- Your job duties. Most FCEs rely on explanations of your work demands. Having a list of your regular tasks—lifting, reaching, repetitive motions, pushing heavy carts, climbing equipment—keeps the evaluator from guessing.
- Information about flare-ups. If certain activities cause delayed pain or swelling later in the day, make note of that. Evaluators sometimes only see the immediate reaction, not the after-effects.
- Recent medical changes. If your doctor adjusted your restrictions, ordered new imaging, or changed your medication, bring that information. FCE evaluators aren’t always given updated records.
- Clear communication about pain. Your goal is not to “push through.” Your goal is to show accurate functioning. If something hurts, say so. If you can perform a movement once but not repeatedly, explain that too. Honest, steady communication gives the evaluator the clearest picture.
Think of the FCE less like a test and more like a detailed physical interview. The evaluator can’t feel your pain, so the information you bring can make a real difference in the final report. With that, though, comes a natural question: how does the FCE actually work?
How Does the FCE Process Work With a Workers’ Compensation Claim?
Even though it’s hugely influential on your claim, an FCE isn’t a standalone marker of your injuries. Rather, it’s one piece of the larger workers’ comp timeline. Here’s how it usually works:
- You reach Maximum Medical Improvement (MMI). This is the point where your doctor feels that additional treatment won’t significantly change your condition. When that happens, you may be sent for an FCE to better understand your lasting limitations.
- The evaluator measures your physical abilities. Expect tasks like grip tests, range-of-motion checks, balance tests, and controlled lifting. The evaluator will compare your performance with your medical records and your reported symptoms.
- A report is sent to your doctor and the insurance company. This report is extremely important. Once they have it, it influences:
- Your permanent work restrictions
- Your permanent disability rating
- Whether your employer has a job you can safely do
- Whether vocational retraining becomes an option
- The insurance company’s settlement offer
- Your doctor issues your permanent disability rating. The FCE can strengthen or weaken that rating. If the FCE shows significant limitations, it supports a higher rating. If the evaluator thinks you can do more than you can safely manage, the rating may come out lower.
- Negotiations start. Once your rating and work restrictions are set, the insurance company usually makes a settlement offer. This is why it’s so important for the FCE to accurately reflect your true physical abilities.
A lot of workers assume an FCE is just a medical formality. In reality, it shapes the rest of your case. If something in the FCE doesn’t feel right, you’re not stuck with it—you can get a second opinion, challenge the findings, or bring in a lawyer to help set the record straight. All of that can help with your settlement offer–and benefits.
What Benefits Can I Get in a Workers’ Compensation Settlement Offer?
While your FCE–and other factors–influence how much you can get in workers’ comp benefits, it doesn’t necessarily change what benefits you can get once you file your claim. With that said, it’s important to look at what’s going to be included in a settlement offer and how your FCE will be involved:
- Necessary medical expenses related to your injuries.
- Temporary or permanent disability benefits
- Job retraining benefits
Most settlement offers are given as a one-time lump sum payment. That means future medical care closes out. Some workers choose this path because it lets them decide what treatment to pursue without waiting for insurance approval. Others prefer to keep medical care open. There’s no one “right” option—it really depends on your injury, your doctor’s recommendations, and what feels manageable for you going forward. That’s where our team can step in and guide you.
Frequently Asked Questions
Do I fail an FCE if I can’t complete certain tasks?
No. The evaluator isn’t grading you. They’re documenting limitations, and those limitations can actually help show what kind of work you can safely do.
What if the evaluator pressures me to push harder?
You’re allowed to stop if something causes pain, numbness, or unsafe movement. Your job is to be honest about what you feel, not to push through discomfort.
Does the insurance company see my entire FCE report?
Yes. Your doctor and the insurance adjuster receive copies. Your lawyer can review it too and challenge inaccuracies.
Reach Out to Maison Law For Help With an FCE in California
If you’re facing an FCE while still recovering from an injury, it’s natural to feel uneasy about a test that tries to measure what your body can handle. In California’s workers’ comp system, though, this evaluation carries real weight. It can shape your medical care, your work restrictions, and even the direction of your settlement.
If you want to talk through what to expect—or make sure the results are being interpreted fairly—our California workers’ compensation lawyers at Maison Law can walk you through your options and help you understand where the FCE fits into your claim. Set up your free consultation today.
