The Following People Contributed to This Page
Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
- July 8, 2025
What Is a Functional Capacity Evaluation (FCE) and How Does It Work in NYC?
Quick Answer: A Functional Capacity Evaluation (FCE) is a comprehensive assessment used to determine an individual’s physical abilities and limitations, particularly in the context of work-related tasks. In NYC, FCEs are commonly used in workers’ compensation cases to evaluate an injured worker’s capacity to return to their previous job or to determine appropriate work restrictions. The evaluation helps determine if an individual can safely perform job duties, identifies potential barriers to returning to work, and may suggest job modifications or accommodations.
Here’s how a Functional Capacity Evaluation (FCE) works:
- Referral: An FCE is typically ordered by a physician to assess a worker’s functional status. It may also be requested by the employer, the workers’ compensation insurance company, or directly by the injured worker or their attorney, often when there is a question about the worker’s capacity for specific job duties.
- Assessment: A trained healthcare professional, most commonly a physical therapist or occupational therapist, administers the FCE. These evaluators have specialized knowledge in work-related function and rehabilitation.
- Testing: The evaluation involves a series of standardized physical tests and observations. These are designed to assess various components of musculoskeletal function, including strength, endurance, speed, flexibility, and the ability to perform specific work-related activities such as lifting, carrying, pushing, pulling, bending, and reaching. The tests are tailored to the physical demands of different occupations.
- Reporting: Following the assessment, the evaluator compiles a detailed report. This report objectively outlines the individual’s current physical capabilities, their identified limitations, and provides specific recommendations for returning to work, including any necessary work restrictions, job modifications, or accommodations that might facilitate a safe return.
- Application in Workers’ Comp: In New York City workers’ compensation cases, the FCE report is a crucial document. It is used to guide decisions about an injured worker’s ability to return to their job safely and effectively, determine their eligibility for various types of disability benefits (including temporary and permanent), and identify any necessary modifications or specialized equipment to facilitate a safe return to work. If the FCE indicates permanent impairments, it may also affect the individual’s eligibility for permanent disability benefits.
If you’ve been injured on the job or have questions about your physical limits after an accident, understanding the role of a Functional Capacity Evaluation is an important first step. For help navigating your claim or preparing for an FCE, don’t hesitate to contact The Orlow Firm’s NYC personal injury lawyers at (646) 647-3398 for a free consultation.
Why Might You Need a Functional Capacity Evaluation After a Workplace Injury in New York?
If you’ve been hurt on the job in New York, your doctor, employer, or insurance company may ask for a Functional Capacity Evaluation (FCE). This test helps figure out how your injury affects your ability to work. An FCE can play a key role in workers’ compensation and disability claims.
Here are some reasons you might need an FCE after a workplace injury in NYC:
- To assess your ability to return to work: An FCE helps measure what tasks you can safely do now. If you had a job that involved lifting, standing, or bending, the test will see whether you can still do those things without pain or risk.
- To decide if you need job changes: After a serious injury, going back to your old job may not be possible. An FCE can help show if you need lighter tasks, shorter hours, or other workplace changes, also called “work accommodations.”
- To support a workers’ compensation case: The results of an FCE can be important in a workers’ comp claim. It gives a clearer picture of your physical limits and whether you’re permanently affected.
- To help with disability benefits: If you’re applying for Social Security Disability or long-term disability, an FCE can provide evidence that supports your claim. It shows what you can and can’t do on a daily basis.
- To resolve disputes about your recovery: Sometimes a doctor and an insurance company may not agree on whether you’re ready to return to work. An FCE can offer an independent, detailed view of your abilities.
For example, imagine a construction worker in the Bronx gets a back injury from lifting heavy materials. Their employer wants them to return to work, but the worker still feels a lot of pain. An FCE might show that the person cannot safely do heavy lifting again, which could support a claim for continued benefits or a new job position.
Functional Capacity Evaluations are commonly requested in New York City work injury cases. If you’re unsure about why you’ve been asked to take one, or what your rights are, speaking with a qualified attorney can help. To learn more or to talk about your situation, call The Orlow Firm today at (646) 647-3398 for a free consultation.
Who Performs a Functional Capacity Evaluation and What Happens During the Test?
A Functional Capacity Evaluation (FCE) is a detailed test that measures what physical tasks a person can safely do. These tests are often used after a serious injury, especially when someone is trying to return to work or apply for disability benefits.
Who performs the evaluation?
In New York City, a Functional Capacity Evaluation is usually done by a licensed medical professional. This could include:
- Physical therapists These specialists focus on movement, strength, and recovery from injuries.
- Occupational therapists They help people regain the skills needed for daily tasks and work after injury.
- Physiatrists These are medical doctors who focus on rehabilitation and physical medicine.
The person performing the test should have special training in how to conduct FCEs. The medical provider must follow clear standards, often using guidelines set by professional organizations.
What happens during the test?
The FCE usually takes one day but may be split into two sessions in some cases. It involves both physical tests and a medical evaluation. The goal is to see what kind of work, if any, the person can still do.
Here’s what an FCE may include:
- Health Interview: You’ll be asked questions about your medical history, symptoms, and current physical abilities. The provider may review prior medical records as well.
- Observation: The examiner may observe how you sit, stand, walk, and move during the session. This helps them understand your limits and any pain you may have.
- Strength Testing: You may be asked to lift, push, or pull weight to see what you can safely handle.
- Range of Motion: The test will measure how far you can move certain body parts like your arms, legs, and back.
- Posture Tolerance: You may be asked to stand, sit, bend, or kneel for different amounts of time.
- Task Simulation: The provider may ask you to perform work-like tasks such as reaching, climbing stairs, or repetitive motion activities to simulate your daily job.
The full test can take several hours. The provider tracks all results carefully and watches for signs of pain, fatigue, or poor movement that could lead to further injury.
What happens after the test?
Once the test is done, the provider writes a full report. This document includes:
- A list of tasks you can do safely
- Any limits you have due to pain or weakness
- Whether you can return to full duty, need modified work, or cannot work at all
The report may be shared with your doctor, insurance company, employer, or attorney, depending on your case. In workers’ compensation cases in NYC, this report is often used to determine your benefits or future treatment options.
If you feel the test was unfair or does not reflect your true limits, you may be able to challenge the results. Having legal guidance can be helpful in those cases. If you have questions about how an FCE might affect your injury case or workers’ compensation claim in New York City, call The Orlow Firm at (646) 647-3398 to speak with an attorney.
How Do Insurance Companies and Employers Use FCE Results in NYC?
In New York City, Functional Capacity Evaluation (FCE) results can play a big role in how your workplace injury case is handled. Both insurance companies and employers may use these results to make decisions about your ability to work and what benefits you may receive.
Here’s how insurance companies use FCE results:
- Determine work ability: Insurers look at FCE results to assess what kind of work you can do after your injury. This helps them decide whether you are still eligible for workers’ compensation benefits, such as lost wages.
- Support stopping or reducing benefits: If the FCE shows you can return to some type of work, the insurance company may try to lower your payments or stop them altogether.
- Set up vocational training: If you can’t return to your old job, the insurer may use the FCE to recommend job training for a different type of work.
Employers in NYC may use FCE results in the following ways:
- Decide if you can return to your job: The employer uses the test results to see if you can handle your old duties or if they need to adjust your tasks or schedule.
- Make “reasonable accommodations”: If you have a lasting injury, your employer might use the FCE to figure out what changes can be made to help you work safely and comfortably.
- Understand future job options: If your injuries stop you from returning to your old job, they may look at other open roles that fit your abilities.
For example, if you were a delivery worker in Manhattan and injured your back lifting packages, your FCE might show that you can no longer lift over 20 pounds. The insurance company might argue you can return to light-duty work. Your employer might offer a desk job instead, based on those results.
It’s important to know that while insurance companies and employers rely heavily on FCEs, the tests are not perfect. They are usually performed by physical therapists who observe your movements and tolerance for activities like lifting, walking, or bending. But injuries can vary from day to day, and sometimes the results don’t fully reflect your pain or limits.
If an FCE result is being used to lower your benefits or force you back to work before you’re ready, you have rights. You don’t have to accept the results without question. An experienced workers’ compensation lawyer can help you review the results and challenge them if needed.
For help understanding how an FCE might affect your case, contact The Orlow Firm at (646) 647-3398 for a free consultation.
When Is a Functional Capacity Evaluation Required by Law or Policy in New York?
In New York, a Functional Capacity Evaluation (FCE) is not always legally required, but it may be requested in certain situations—especially when a person is injured on the job. An FCE can help determine if someone is physically able to return to work or if they qualify for disability benefits. It may also be requested by insurance companies, employers, or government programs to make decisions related to workers’ compensation, disability claims, or job accommodations.
Here are some common times when an FCE may be required by law or workplace policy in New York:
- Workers’ Compensation Claims: If you file a workers’ compensation claim in New York, the insurance company may ask for an FCE to assess how much physical work you can handle after your injury.
- Returning to Work After an Injury: Some employers in NYC may have a policy that requires an FCE to make sure it’s safe for you to return to your job. They want to be certain you won’t get re-injured by doing tasks that are above your physical ability.
- Disability Benefits: If you’re applying for Social Security Disability Insurance (SSDI) or other long-term disability programs, an FCE may be part of the process to prove that you cannot work due to a medical condition or injury.
- Legal or Court Orders: In some personal injury or workers’ compensation cases, a judge may order an FCE if your ability to work is being questioned in court.
- Employer Policies or Labor Contracts: Certain unions or workplaces may have agreements that call for an FCE before you can return to work or move into a different role after an injury.
It’s important to know that if you are asked to take an FCE, you have rights. An FCE must be fair and based on medical facts. If you feel the evaluation isn’t accurate or is being used against you unfairly, you may need legal help to protect your rights.
Whether you’re going through a workers’ compensation case, fighting for disability benefits, or trying to return to work after an injury, a Functional Capacity Evaluation can play a major role in the outcome. If you have questions about your FCE or how it could affect your case in New York City, contact The Orlow Firm at (646) 647-3398 for a free consultation.
What Are Your Rights If You Disagree With the Results of an FCE in NYC?
If you take a Functional Capacity Evaluation (FCE) and do not agree with the results, you have certain rights under New York law. The outcome of an FCE can have a major impact on your workers’ compensation or disability claim, so it’s important to understand your options.
Here are some steps you can take if you disagree with an FCE report in NYC:
- Request a Second Opinion: In many cases, you can ask for an independent medical exam (IME) by another provider. This exam may present a different opinion about your physical limitations or ability to work.
- Challenge the Report: You may be able to challenge the accuracy of the FCE by showing that the testing was unfair, biased, or did not reflect your actual condition. For example, if the evaluator rushed through the process or didn’t listen to your pain complaints, that could be used to question the results.
- Submit Additional Medical Evidence: Your treating doctor may provide reports, medical records, or their own opinion that refutes the FCE. If your doctor knows your condition well, their statements can carry a lot of weight.
- Request a Hearing: If you are in a workers’ compensation case, you have the right to a hearing before a judge. You can present your side, submit evidence, and challenge the FCE results through legal channels.
What happens afterward?
If a judge or insurance carrier still relies on the FCE, you may need legal help to protect your rights. The FCE could affect how much compensation you receive, whether you’re approved for disability, or whether you’re asked to return to work before you’re ready.
Important Reminder: You are not required to accept an FCE result that you believe is wrong. Always speak up if something doesn’t seem fair or accurate.
FCEs can be technical and confusing, but you don’t have to go through the process alone. If you’re dealing with an FCE dispute in New York City, you can talk directly to The Orlow Firm for guidance. Call (646) 647-3398 for a free and confidential consultation.
How Can an FCE Impact Your Workers’ Compensation or Disability Claim in New York?
A Functional Capacity Evaluation (FCE) can play a major role in your workers’ compensation or disability claim in New York. The results of this test may affect how much you receive in benefits—or whether you qualify at all. That’s why it’s important to understand what the FCE does and how it can impact your case.
An FCE is a test that checks how well you can perform physical tasks after an injury. Doctors or physical therapists often use it to see what kind of work you can still do, if any. Here’s how the results may affect your claim:
- Determining Work Ability: If the FCE says you can return to work—even if only for light duty—your current workers’ compensation benefits could change or stop.
- Deciding Disability Ratings: The FCE findings may be used to decide how much permanent disability you have. This can affect long-term compensation or settlement amounts.
- Supporting or Denying Claims: Insurance companies may use the FCE to decide whether your reported symptoms match your abilities. If they believe you’re able to do more than you claim, they might deny or limit your benefits.
For example, if a construction worker in Brooklyn hurts their back and can no longer lift heavy items, the FCE might confirm this. That helps support a claim for ongoing medical coverage or disability pay. But if the FCE shows the person can still do moderate tasks, the insurance company may try to stop payments or suggest returning to a different kind of job.
In New York, FCE results are often shared with your employer, insurance provider, and doctors. These reports can heavily influence decisions about treatment, job placement, or benefit approval. If the report says you can work, but you still feel pain or can’t handle the job, this can lead to disputes.
It’s important to know that FCEs are not always perfect. Some tests don’t consider pain levels or emotional issues that affect work. If you believe the results are wrong or don’t tell the full story, you may have options to challenge them. An attorney can help review the results and guide you through the next steps.
If you’re facing a workers’ compensation or disability claim in New York City and have concerns about your FCE results, don’t navigate it alone. Contact The Orlow Firm at (646) 647-3398 to discuss your situation and learn more about how we can support your claim.
FAQ About Functional Capacity Evaluations (FCE) in NYC
- What is a Functional Capacity Evaluation (FCE)? An FCE is a set of physical and medical tests. It measures your ability to perform tasks related to work or daily life. Doctors often use it after a serious injury to see what your body can still do safely.
- Why would I need an FCE in New York City? You may need an FCE if you’ve been hurt on the job or have a long-term injury. It helps decide if you’re ready to return to work or need more time to heal. If you’re applying for workers’ compensation or disability benefits, an FCE may be requested by the insurance company or the employer.
- Who performs an FCE? A trained healthcare provider, usually a physical or occupational therapist, performs the evaluation. They follow a set process to test strength, balance, movement, lifting ability, and other work-related tasks.
- How long does an FCE take? Most FCEs take between 4 to 6 hours. Some may be shorter or longer, depending on how complex your injury is and the type of job you have.
- Is an FCE painful? An FCE should not be painful, but it can feel tiring. You’ll be asked to do tasks that may push your physical limits. Be honest about any pain or discomfort during the test. Don’t try to push through pain just to do better.
- Can I bring someone with me to an FCE? Generally, no. Most facilities will not allow family or friends during the test. This helps keep the results fair and accurate.
- Do I have to take an FCE if my employer or insurance company asks me to? In many cases, yes. If you’re receiving workers’ compensation benefits in New York, you may be required to attend an FCE. Refusing to go could affect your benefits. However, if you’re unsure or feel uncomfortable, speak with a personal injury lawyer.
- What happens if I disagree with my FCE results? If you think the test was unfair or inaccurate, you can request a second opinion. This may include a new evaluation or review by another medical professional. It’s important to keep records and speak to a lawyer about how to challenge the results.
- Will the results of the FCE impact my benefits? Yes. Insurance companies and employers often use the FCE to decide if you can return to your job or if you need different work. It can also affect how much compensation you receive and for how long.
- Can an FCE be used in a personal injury lawsuit? Yes. The FCE report can serve as evidence of how your injuries have changed your ability to work or live normally. It can support your claim for damages like lost wages or pain and suffering.
If you have questions about how an FCE may impact your case in New York City, you don’t have to face it alone. Contact The Orlow Firm at (646) 647-3398 to schedule a free phone consultation. We’re here to help you understand your rights and next steps.
Contact The Orlow Firm for a Free Consultation About Your Case
If you’ve been asked to take a Functional Capacity Evaluation (FCE) after a workplace injury or accident in New York City, you may feel unsure about what it means for your case. At The Orlow Firm, we’re here to help you understand your rights, what to expect, and how an FCE could affect your workers’ compensation or personal injury claim.
Our attorneys have experience helping injured workers across all five boroughs of NYC—including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—deal with the legal impact of FCEs. Whether you’re worried about returning to work too soon or believe the test results don’t reflect your true condition, we can help you explore your legal options.
A free consultation with The Orlow Firm can help if you:
- Have been referred for an FCE but don’t know what it involves
- Disagree with the FCE findings and believe they’re incorrect
- Think your employer or insurance company is using the FCE unfairly
- Are worried the FCE might affect your benefits or ability to return to work
- Need help preparing for or responding to an FCE report
During your consultation, we’ll take the time to listen to your story, explain how FCEs are used in New York injury claims, and answer your questions in simple, clear language. We look at how the FCE fits into your overall claim and help you make informed decisions about what steps to take next.
You don’t have to face this process alone. If you or a loved one is dealing with a Functional Capacity Evaluation in connection with a work injury or personal injury case in NYC, call The Orlow Firm today at (646) 647-3398 for a free and confidential consultation.
The Following People Contributed to This Page
Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.