Benson & Bingham Summerlin

Benson & Bingham - Summerlin is the headquarters of well-respected and prominently reviewed personal injury, accident, and work injury law partners Joseph Benson & Ben Bingham. The law firm has three offices in Southern Nevada, including Downtown and Henderson for the convenience of our clients. The law firm solely practices injury/accident and workers’ compensation law, including auto, truck, motorcycle, bike, and pedestrian accident law, medical malpractice, hotel or casino injury, dog bite, product liability, wrongful death, and workplace injury law. The attorneys and legal professionals at Benson & Bingham pride themselves on client satisfaction and attention to detail, keeping our clients abreast of their cases every step of the way.

At Benson & Bingham, the one thing we pride ourselves on is service-this is what makes us different from other law firms. Not only do we offer excellent client service, have advanced technology (including digital scanning of all mail), but we offer a superior product, our personal representation. This is how Benson & Bingham is Re-Defining Personal.

Workers compensation benefits are easy to obtain. Nearly 50,000,000 workers' comp claims are paid each year. It is not easy. Many injured workers are shocked to learn of the obstacles they must overcome in order to receive the benefits that they have earned. A Functional Capacity Evaluation FCE is one of many obstacles workers might need to overcome before receiving benefits.

Let's take a look at what an FCE looks like and how it can help injured workers who are seeking benefits for workers comp. FCE basics An FCE measures an individual's ability to perform certain tasks. In order to be eligible for disability benefits, workers compensation companies often require that injured workers undergo an FCE. FCEs are required in workers compensation cases.

They measure the ability of an injured worker to carry out the tasks necessary to complete the job. The workers comp company then can determine if the worker is able to return to work. These tests can be tailored for the specific occupation and are performed to reflect that. An FCE might be used to evaluate a worker performing manual labor at fulfillment centers.

It may also examine the worker's arm strength, overhead range, strength, ability to lift and squat, as well as the worker's ability to bend and stand. FCEs are usually performed by certified physicians, physical therapists or other medical professionals. A FCE is performed in an environment that allows for measurement of physical activity. An FCE's primary function is to assess the worker's ability to perform their job duties.

An FCE can also be used to help workers transition to their jobs. Employers may use the FCE to identify ways to change the job requirements of employees to allow them to return to work with no pain or limitation. An employer might modify the job requirements of an employee if he cannot use his left hand fully due to the FCE. Or, purchase equipment that will help the employee with left-handed tasks.

A FCE is also able to measure your mental fitness. An FCE is also known as a mental functional capacity evaluation. It measures memory, problem solving, social skills, and other abilities required for the job. This helps determine if an employee can return to work.

FCE tests can have problems This is in contrast to an independent medical examination IME, where a doctor provides an assessment of the medical conditions of an injured worker. Those distinctions, however, can get blurred. A FCE test that is accurate requires full participation by the FCE assessor. FCE test problems can occur when the Evaluators state that injured workers did not make a good faith effort to complete each type of activity.

Evaluators may also misreport the results of tests. Workers who have been subjected unfairly, incorrectly, or skewed FCE testing should consult an experienced workers' compensation lawyer immediately to make sure they get the benefits that they deserve. When you receive a request for FCE testing Workers' compensation companies will often ask for FCEs when an injured worker is nearing the end of treatment. This allows them to assess whether or not the worker can resume work and, if so in what capacity.

FCEs can be requested in conjunction with the initial assessment of a worker's claim for disability. Although FCEs are quite common, injured workers should not be afraid to request one. Practically, an FCE request from an injured worker signals to workers compensation insurers that they want to end or deny certain benefits. You should immediately seek legal counsel if you are asked by your employer's workers comp insurance company to undergo an FCE.

You should find out the reason the workers compensation carrier is asking for FCE. Negotiate with the company the location, time and duration of the testing, as well as the job capabilities and physical activities. If your medical team suggests against it, you can reject the request. Appeal the results of the FCE.

Follow the advice of an attorney regarding how you should participate in an FCE test if an expert attorney recommends that you do so. Many skilled attorneys give the following advice to their clients regarding the FCE test: Never miss an appointment or arrive late for an FCE. Wear comfortable clothing that allows you to move freely. If the FCE request causes pain, speak up right away.

Call your lawyer as soon as possible. An experienced worker compensation lawyer can help you understand your rights to workers' compensation benefits. Navigation