What are Functional Capacity Evaluations (FCE)?

When your treating physician feels that you have reached maximum medical improvement (MMI) they may send you for a Functional Capacity Evaluation (FCE) to determine your permanent work restrictions.  These are done when your physician recognizes that you have not returned to where you were prior to your work injury, but other than ongoing maintenance care (or perhaps pain management care) no further improvement in your condition is expected in the foreseeable future.   

The Functional Capacity Evaluations are typically done in a physical therapist's office but often take several hours, and measure range of motion, strength, and other physical tests to determine what you are still able to do.  This provides your physician with an objective measurement upon which to base permanent light duty work restrictions.  The FCE results can also be used to calculate a percentage loss of use for permanent impairment ratings.    

If you are told to attend a Functional Capacity Evaluation, make sure that it was ordered by your physician and not by the insurance carrier.  These should only ordered by your physician, typically when you have reached maximum medical improvement.  You don’t want a FCE done before your physician has determined you are ready.

Kids’ Chance – An Opportunity for Scholarships for Children of Injured Workers!

There is an important and exciting opportunity now available for students from the ages of 16 – 25 whose parent’s work related injury event has caused a significant decline in family income and circumstances.  Kids’ Chance of Virginia, Inc. was founded in 2011 with the goal of awarding academic scholarships to deserving children who have been adversely impacted by the work-related injury of a parent.  Kids’ Chance of Virginia is currently accepting applications for scholarships for the 2013 – 2014 academic year, and they anticipate awarding several scholarships.

The first Kids’ Chance organization was founded in Georgia in 1998.   While Virginia’s chapter is the newest, we are pleased that we have already had clients who were able to obtain scholarship help for their college bound children.   

Additional information about Kids’ Chance of Virginia, Inc., as well as scholarship applications can be found at www.kidschanceva.org.  The deadline for applications is March 31, 2013.  

What is Vocational Rehabilitation?

When an injured worker is under an open wage replacement award, the insurance carrier wants to get them off wage replacement benefits to save money.  This is especially true when it appears that an injured worker, who is released for light duty work, may still be on wage replacement benefits for awhile due to their injury.  In such situations, the insurance carrier often tries to settle the case so that they can contain their exposure on the file.  However, if the injured worker doesn’t want to settle their case then (perhaps they still need expensive medical care, the carrier doesn’t offer enough money or the timing is otherwise not right) the insurance carrier will likely turn to vocational rehabilitation. 


Vocational rehabilitation counselors are hired by the insurance carrier, and their job is to find you a job.  If they don’t find you a job, they are failing the insurance carrier.  The voc rehab counselors don’t really care what kind of job they find you as long as it is within your doctor’s restrictions.  It doesn’t matter how much it pays or how many hours a week it is because the insurance carrier makes up two thirds of the difference between your pre-injury average weekly wage and your new gross earnings.  Vocational rehabilitation shouldn’t send you more than 50 miles one way from your home, and in general telemarketing, commission sales positions, and sheltered workshop positions are inappropriate.  Injured workers need to work with vocational rehabilitation or risk losing their wage replacement benefits.  Vocational rehabilitation will still force you to look for work even if you are on Social Security Disability.  As long as your workers’ compensation doctor has you on light duty work restrictions, vocational rehabilitation can work with you if your own employer can’t accommodate your restrictions.  You can get mileage reimbursement to wherever a vocational rehabilitation counselor is sending you if you claim it.  There are many issues with vocational rehabilitation counselors, and if you are having difficulty please contact us at 540-552-2052.

Mileage Reimbursement for Workers’ Compensation Injuries

Mileage reimbursement for medical treatment arising from your workers’ compensation injury is available as part of your medical benefits in an accepted workers’ compensation case.  Whether you are traveling to see your workers’ compensation doctor or to the hospital or for physical therapy, you may be able to claim mileage reimbursement.  This lesser known benefit can really add up, especially if you are treating frequently for your injury or your medical providers are not located close to your home.  To claim mileage reimbursement, the insurance carrier will need to know the dates you saw the medical provider, which medical provider it was, and your round trip mileage.  If you are unsure of the dates you were treated, the billing office of the medical provider you saw may be able to give them to you.

The mileage reimbursement rate is established by the Virginia Workers’ Compensation Commission and has risen over the years as gas and travel expenses have increased.  For example, mileage sustained in 2009 and 2010 is reimbursable at 50.5 cents a mile.  The mileage reimbursement rate was again increased as of October 1, 2011.  For medical travel incurred after October 1, 2011, the mileage reimbursement rate is 55.5 cents a mile. 

You will generally need to request mileage reimbursement from the insurance carrier, or your attorney can request it for you.  The insurance carrier will not automatically provide this benefit.  As long as your case has not settled, there is no deadline for filing a mileage reimbursement claim with the insurance carrier.

You may wish to speak with a Virginia workers’ compensation attorney to learn more.  We invite you to contact us at 540-552-2052 to discuss your specific case, and the initial consultation is free.

Seeking Medical Treatment in a Workers’ Compensation Injury

When injured at work, you should immediately seek medical treatment.  A serious injury should be immediately evaluated and treated at a hospital.  To continue receiving treatment for your injury, either your employer or the workers’ compensation insurance carrier should provide you with a panel team of at least three physicians for you to choose from (within a reasonable period of time).

I strongly advise that you take the time to check out the panel group of doctors.  Once you choose a doctor, that doctor becomes your authorized treating physician, and it can be very difficult to change your doctor after medical treatment has begun.

Many people indicate a desire to change their treating physician.  The majority of the time the reasoning is that they do not like their doctor or feel that their doctor does not understand or empathize with them about their injuries.  Unfortunately you are not allowed to change your treating physician for these reasons.  The chaos that would happen if the injured parties were allowed to change doctors every time they didn’t like the doctor’s opinion would be astronomical.  So choose your doctor wisely!

If a panel team of doctors is not offered to you and you are left without medical care, or if your case is being denied by the workers’ compensation insurer, you should seek medical treatment with your own doctor.  Use your own private health insurance if you have it – these charges could be reversed or reimbursed down the road.  You must make sure your doctor knows that your injury occurred at work so your injuries can be related to your work accident.  The bigger the paper trail, the better!

The Virginia Workers’ Compensation system relies heavily on medical reports, so receiving treatment for your injury can help establish your case.

If you wish to learn more, we invite you to contact us at 540-552-2052 to discuss your case.  The initial consultation is free.

Workers’ Compensation Information You Need to Know Immediately After a Work Injury

The insurance carrier will deny your claim if they believe they can. The claims adjuster’s job is to protect the insurance carrier, not you. If you get hurt at work, the following suggestions can help:

• Notify your supervisor of the accident immediately; explain what happened and where you are injured.  If you are completing a written accident report explain how you got hurt.  Note any witnesses to the accident in case their testimony is needed later.

• Seek medical treatment as soon as possible, and explain to the medical provider how you were hurt and where you are hurt.  If you wait too long to seek treatment, the insurance carrier can question whether your injuries really happened at work.  

• Do not give the insurance adjusters a recorded statement.  Often the claims adjusters will try to contact you within days of your accident and ask your permission to take a recorded statement as part of their investigation into your injury.  Once you are represented by an attorney, the claims adjusters can no longer contact you, and so they will try to reach you before you are represented.  Do not give them a recorded statement; you can tell them about your injury and they can take notes.  The purpose of a recorded statement is to get you to say things that can be used to deny your case, and the recorded statement can be transcribed and used in litigation against you.

• Always file a claim with the Virginia Workers’ Compensation Commission.  Having a claim with the insurance carrier is not enough and does not protect you; you must also file a claim with the Virginia Workers’ Compensation Commission.  While you have two years from the date of your accident to file your claim, it is better to file your claim with the Commission as soon as possible.  It is very important not to miss this two year filing deadline.

• Consider speaking with an experienced Virginia Workers’ Compensation attorney.  There may well be other issues and concerns within your case that need attention.  We invite you to contact us at 540-552-2052 to discuss your specific case, and the initial consultation is free.

How a Virginia Workers’ Compensation Attorney Can Help You

There is no requirement that you must have your own attorney; under the Virginia Workers’ Compensation laws, you have the right to represent yourself.  However, the insurance carrier must hire an attorney to represent them in a hearing.  In addition, the claims adjuster protects the interests of the insurance company, not yours. 

Many of our clients tell us that they sought our help after their claim was denied or the insurance carrier refused them medical or wage replacement benefits.  Others have told us that without anyone to answer their questions or protect their interests, they have felt at a disadvantage.  Still others have had difficulties in dealing with the insurance carrier.

Your attorney can help protect your interests, let you know of all of your rights, and make sure that you are not being taken advantage of by the insurance carrier.  Your attorney acts as a “buffer” between you and the insurance carrier, works to protect your interests and can explain the specific issues concerning your case and what can be done to best help you. 

Some of the many things a Virginia workers’ compensation attorney can do for you include:

• Explain the specific issues in your case and what can be done, and answer your questions
• Obtain medical reports and work to make sure those reports contain the information and language that will best help you
• Handle the insurance carrier and their attorneys for you;
• Prepare you and any witnesses for a hearing, and represent your interests at the hearing;
• Take depositions and manage the discovery process
• Advise you and work on your behalf on issues such as vocational rehabilitation and getting wage, permanent impairment and medical benefits that the insurance carrier may have been denying you, and
• Assist with getting mileage paid, prescriptions filled and cost of living adjustments
• Handle negotiations and litigation such as settlements, denial of care or wage replacement benefits, disputes with a treating physician, and obtaining the medical care you need

You may wish to speak with a Virginia workers’ compensation attorney to learn more.  We invite you to contact us at 540-552-2052 to discuss your specific case, and the initial consultation is free.