FCE Permanent Restrictions (How it Affects Workers' Comp)

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Workplace injuries are a life-changing event. It can affect how much and what kind of work you’ll be able to do in the future.

But, before you know how a work injury will affect your working abilities, you’ll have to go through a series of evaluations, including Functional Capacity Evaluation (FCE).

Schmidt & Clark lawyers have done countless worker compensation cases. We have helped injured workers get due damages, so they can have a better quality of life even if their working abilities are diminished. Today, we’ll explain everything there’s to know about FCE restrictions.

Quick Facts

FCE test is done to determine permanent restrictions. This evaluation will say if you’re able to go back to work normally or only do light-duty work.
Permanent work restrictions will be determined based on your physical abilities after you reach MMI.
Contact a law firm to help you deal with workers’ compensation cases.

FCE in Workers Compensation Case

Before undergoing a Functional Capacity Evaluation (FCE), certain medical milestones must be reached to ensure an accurate assessment of your physical abilities.

One of the key steps in this process is achieving Maximum Medical Improvement (MMI).

Maximum Medical Improvement

MMI or maximum medical improvement means that you have recovered from your work injuries as much as possible.

This doesn’t mean you’re back to 100% as before the injury, but it means that your physical abilities have improved as much as possible.

There aren’t any other physical therapies, treatments, or surgeries that can help you improve.

How long it’ll take you to reach MMI depends on the extent of your work injury. More serious injuries, such as a head injury, spinal cord, neck, burn, and more, will take longer to reach MMI and undergo FCE.

On the other hand, a knee injury or a torn ligament will take much less.

Note: you’ll stop receiving temporary total disability benefits paychecks once you reach MMI.

Permanent Partial Disability Rating

Once your treating doctor says you’ve reached MMI, they will assign your Permanent Partial Disability Rating. The doctor will give a numeric value that explains to what extent you’ve lost working abilities due to the injury.

For example, if you injured your leg and the doctor assigns you a rating of 20%, it means your leg has 80% function compared to before the work accident. This includes strength, range of motion (if you’re still experiencing pain), and more.

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Types of Permanent Restrictions and Their Real-World Impact

When a work-related injury results in long-term limitations, permanent work restrictions are assigned to ensure an employee does not perform tasks that could worsen their condition.

These restrictions help balance workplace safety with an individual’s physical capabilities, often requiring job modifications, reassignment, or permanent disability benefits.

Understanding these limitations and how they interact with Functional Capacity Evaluations (FCEs) is crucial for both employees and employers.

FCEs play a key role in determining whether permanent work restrictions are necessary and provide objective data on what job duties an injured worker can or cannot perform.

How a Functional Capacity Evaluation (FCE) Determines Permanent Restrictions

A Functional Capacity Evaluation (FCE) is a comprehensive assessment that measures an individual’s physical abilities after a work-related injury or illness.

The goal is to determine whether a worker can return to full-duty, light-duty, or if they need permanent work restrictions.

The results of the FCE influence workers’ compensation cases and permanent disability claims, ensuring that injured workers receive the right accommodations, rehabilitation, or financial support if they cannot resume their previous role.

Step 1: Establishing a Baseline for Job Demands

The FCE process begins with an interview conducted by a physical therapist or FCE examiner.

During this phase, the examiner:

Reviews your medical history and injury details.
Identifies your current physical limitations and symptoms.
Assesses the essential duties of your job.

Using data from the U.S. Department of Labor’s "Selected Characteristics of Occupations as Defined in the Revised Dictionary of Occupational Titles", the examiner establishes a baseline for your job’s physical demands.

Lifting Requirements: Some jobs require occasional lifting of 10 pounds, while others may involve lifting over 100 pounds occasionally and 50 pounds frequently [1].
Repetitive Movements: The evaluation considers how often certain motions—such as bending, reaching, or standing—are required for your role.

This baseline comparison helps determine whether you can perform the same tasks as before or if adjustments are necessary.

“You may be able to receive permanent disability benefits through workers' comp when a work-related injury or illness has left you with a lasting medical problem. But first, you'll have to go through a medical and legal process to demonstrate that your medical condition isn't likely to change and that it either prevents you from working at all or limits your ability to work and earn money.” NOLO Legal Encyclopedia

Step 2: Physical Performance Testing

After the initial assessment, you will undergo a series of tests to measure your physical capacity in key areas:

Flexibility – Evaluates how well you can stretch and move without pain.
Range of Motion – Measures how far you can move your joints.
Posture – Examines your ability to maintain different postures throughout the day.
Strength – Determines muscle endurance and exertion limits.
Ability to Sit, Stand, and Walk – Assesses tolerance for prolonged positions.
Hand and Arm Dexterity – Evaluates fine motor skills needed for tasks like typing or tool handling.

Step 3: Work Simulation and Functional Tolerance Testing

To assess your ability to work an eight-hour shift, the therapist will have you perform a variety of work-related tasks.

These tests measure tolerance levels for activities such as:

Lifting and Carrying – Determines maximum safe weight handling.
Pushing and Pulling – Evaluates force exertion capabilities.
Crouching and Bending – Tests lower-body flexibility and endurance.
Sitting and Standing Tolerance – Measures postural endurance over time.
Vision, Hearing, and Sensory Tests – Ensures sensory functions meet job requirements.

These tests replicate real-world work conditions and provide objective data on which duties you can safely perform.

Step 4: FCE Report and Doctor’s Review

Within a few days of the evaluation, the physical therapist submits an official FCE report to your workers’ compensation doctor.

The report outlines:

Which job duties you can safely perform.
Whether you are fit to return to work.
If you can resume your previous role or need modifications.
If you require further rehabilitation or medical treatment.

The workers’ comp doctor reviews the report and may update your medical diagnosis accordingly. If the evaluation confirms that you have lasting medical restrictions, you may be eligible for permanent disability benefits under workers’ compensation laws.

Categories of Permanent Work Restrictions

Permanent work restrictions vary based on the nature and severity of the injury. They typically fall into three main categories:

1. Physical Exertion Limitations

Lifting Restrictions: Some workers may be prohibited from lifting over a certain weight limit (e.g., no lifting over 15 pounds).
Restricted Work Hours: Employees may be limited to no more than 8-hour shifts to prevent excessive strain.
Limited Mobility: Restrictions on bending, squatting, or climbing can impact physically demanding jobs.

2. Environmental Exposure Limitations

Avoidance of Extreme Temperatures: Some injuries require workers to avoid extreme heat or cold to prevent flare-ups or worsening conditions.
Protection from Chemicals: Employees with respiratory issues may be restricted from working around hazardous substances or fumes.

3. Repetitive Motion Limitations

Reduced Use of Affected Limbs: Employees with carpal tunnel syndrome or joint issues may have restrictions on prolonged typing, tool use, or other repetitive hand motions.

Impact on Different Job Types

Permanent work restrictions affect employees across various industries in different ways. While some workers may require modified duties, others may need to transition into new career paths altogether.

Construction Workers

Lifting and Climbing Restrictions: Workers unable to lift heavy materials or climb scaffolding may have to transition into supervisory roles, where physical demands are lower.
Bending and Squatting Limits: Tasks such as laying pipes or installing flooring might no longer be feasible, requiring job modifications or a complete shift to an administrative position.

Office Workers

Repetitive Motion Restrictions: An employee who struggles with prolonged typing may need voice-recognition software or alternative job tasks that involve less computer usage.
Sitting Restrictions: Those unable to sit for extended periods may require an ergonomic workstation with standing desk options or flexible break schedules.

Healthcare Workers

Lifting Patients: Nurses or aides who are unable to lift may need to shift from direct patient care to administrative or educational roles within healthcare.
Exposure Risks: Individuals restricted from exposure to chemicals may be unable to work in laboratory settings but could contribute in research or patient education instead.

The impact of permanent work restrictions extends beyond job performance—it influences earning potential, career progression, and even personal well-being.

Many workers must undergo vocational training to transition into new positions that accommodate their physical limitations. Others may qualify for workers' compensation benefits if they cannot return to their previous job.

For those navigating workplace restrictions, consulting with a workers’ compensation attorney can help clarify legal protections and employment options.

Employers must also be proactive in providing reasonable accommodations, ensuring that injured employees can continue contributing to the workforce in a capacity that aligns with their capabilities.

Addressing Common Concerns About FCE Timing and Costs

Understanding the timing and financial aspects of a Functional Capacity Evaluation (FCE) is crucial for those navigating the workers' compensation process.

Since an FCE plays a key role in determining an injured worker’s capabilities and potential work restrictions, knowing when it occurs and how it impacts benefits can help ensure a smooth transition in the recovery process.

When to Expect an FCE After Reaching MMI

A Functional Capacity Evaluation (FCE) is generally scheduled after an individual reaches Maximum Medical Improvement (MMI)—the point at which further significant recovery is unlikely.

At this stage, doctors and insurance providers require an objective assessment of the worker’s physical abilities before making final determinations regarding work capacity and benefits.

Timing of FCE After MMI

The timing of an FCE varies based on individual recovery rates and the complexity of the injury. However, it is typically scheduled shortly after MMI is confirmed by a healthcare provider.

This allows for an up-to-date evaluation of the worker’s condition while preventing unnecessary delays in return-to-work planning.

The results of an FCE help establish permanent work restrictions and determine if the injured employee can resume full duties or requires workplace accommodations.

Costs and Insurance Coverage

Workers’ compensation insurance typically covers the cost of an FCE as part of the medical evaluation process for work-related injuries.

Since the FCE directly impacts benefit determinations and return-to-work decisions, most employers’ insurance policies include it under standard coverage.

However, the exact details may vary based on state-specific workers' compensation laws and employer policies. It’s always advisable to check with your employer’s HR department or a workers’ compensation attorney for clarity on specific coverage terms.

Impact on Workers’ Compensation Benefits

The results of an FCE can significantly influence the continuation of workers' compensation benefits. Depending on the findings, several outcomes may follow:

Termination or Reduction of Benefits: If the evaluation determines that the worker is capable of returning to full duty without restrictions, their benefits may be discontinued or reduced accordingly.
Continuation or Adjustment of Benefits: If the FCE identifies permanent work restrictions, the worker may qualify for ongoing benefits, possibly at a reduced rate, or be eligible for vocational rehabilitation or modified duty assignments.

Since an FCE follows MMI, understanding when it will occur, what costs are involved, and how it will affect workers' compensation benefits is essential for injured employees.

Those awaiting an FCE should stay in close communication with their healthcare providers and legal representatives to ensure they receive proper guidance throughout the process.

For the most accurate information, always consult with a workers’ compensation attorney or HR representative to navigate the specifics of your case effectively.

How to Prepare for an FCE

To prepare for your FCE, you should:

Wear comfortable clothes — You’ll be asked to do physical activities, so you should dress comfortably in running shoes and athletic clothes.
Bring water and food — FCE can last for hours, so bring sustenance.
Try your best — The purpose of the appointment is to check if you can work 40 hours a week, so you should try your best and tell the examiner if you’re in pain.
Don’t take pain medications before the FCE — Pain medication can mask your true condition, so you’ll get an inaccurate assessment of your true abilities.
Behave as if you’re being watched — This means from the moment you get out of your car at the place where you’ll do an FCE. The examiner may be watching in order to check if the injured worker is telling the truth about his physical limitations.

What to Do If Your Employer Denies Light Work

Injured workers who lose their job due to permanent restrictions can apply for:

Wage loss benefits — These benefits entitle you to 80% of the post-tax weekly salary. The amount you’ll get is fixed at your pay rate. However, it can decrease if the insurance companies notice that there are jobs with your permanent work restrictions available.
Medical benefits — Some injured workers with permanent work restrictions need lifelong medical care; for pain management and physical therapy, to name a few. The insurance company pays for the medical care even if you’re able to go back to work.
Vocational rehabilitation benefits — If you have to go to vocational rehabilitation, you can qualify for two years of reimbursement. During this time, your wage loss benefits are also in effect. However, it’s in the insurance company’s interest for injured workers to go back to work as soon as possible. That’s why you should look out for a vocational rehabilitation counselor who’s hired to cut off your benefits by pushing you into work before you’re ready.

To make sure you win your workers’ compensation claim and get all the benefits due to you after a work injury, you should hire an attorney from a reputable law firm that will give you a free case review.

FAQ

Can I refuse an FCE?

Yes, you can refuse an FCE. But, keep in mind that injured workers' refusal to do the FCE will be noted in your permanent restrictions report in your exact words.

How accurate is an FCE?

FCE is thought to most accurately evaluate your physical ability after a work injury. The test should be interpreted within the injured worker’s personal context [2].

Get Help With Your Workers Compensation Case

A work injury can result in a serious disability and permanent work restrictions that won’t allow you to work in the future. That’s why you need help with your workers’ compensation claim from an experienced attorney.

Schmidt & Clark law firm has been dealing with workers’ compensation cases for over two decades. Our lawyers value every attorney-client relationship. We can help you through every step of the workers’ compensation claim, including dealing with permanent work restrictions.

References:

1.http://onlineresources.wnylc.net/docs/SelectedCharacteristicsSearch121110.pdf

2.https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml

What Are FCE Permanent Restrictions & Their Impact on Workers’ Comp?