I want to know if doing an FCE (Functional Capacity Evaluation) is to my benefit for a large settlement for a workers comp injury? I injured both my shoulders. I’ve had 3 surgeries on each shoulder. I’ve been off of work for over 3 of the last 5 years. Thanks for any help you can give.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
If you are at the stage where your employer is prepared to offer you a settlement, you may not have an option but to participate in the Functional Equivalency Exam.
Workers compensation law (and settlements) are based upon a structured set of rules in play, this may be a pre-settlement offer. The best advice we can give is to ask questions; Find out if you are required to go. It seems to me that the evaluation is directly related to your ability to work or “function” and that this fact is always necessary for an effective settlement.
Learn more here: Worker Partial Disability Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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