How FCEs and Permanent Restrictions Affect Worker’s Compensation Settlements in Illinois

In Illinois workers’ compensation law, many factors go into the value of your settlement. A huge part of this is the outcome of your injury and medical care. Are you better? Are you able to go back to full duty work at your job? Or do you have permanent restrictions that will impact this. A common tool in determining this is a Functional Capacity Evaluation (FCE).

Understanding how these medical findings shape your case—and how insurance companies try to minimize their impact—is essential if you want to maximize your workers’ compensation settlement in Illinois.

At McHargue & Jones, our attorneys have spent decades representing injured workers across Chicago and throughout Illinois. We know how insurers operate and how to counter their tactics to help our clients obtain every dollar they deserve. We know how to use every tool and expert available to ensure that you are properly compensated for your injury.

Permanent Restrictions and Illinois Workers’ Comp Settlements

After you reach Maximum Medical Improvement (MMI), your doctor may issue permanent work restrictions—limitations such as no lifting over 20 pounds, or restrictions on bending, standing, or repetitive motion. These restrictions form the basis of your permanent partial disability (PPD) rating, which strongly influences your settlement.

These restrictions play a major role in determining the Illinois work comp settlement value because they measure how your injury affects your future ability to earn.

The more severe and well-documented your restrictions are, the higher your potential settlement—especially if your injury limits you from returning to your former occupation.

🧠 The Role of the Functional Capacity Evaluation (FCE)

A Functional Capacity Evaluation (FCE) is a comprehensive test that measures what physical activities you can safely perform after a workplace injury. It evaluates your strength, endurance, range of motion, and capacity for repetitive movements—data that supports your treating physician’s assessment.

Why FCEs Matter for Your Illinois Workers’ Comp Settlement

Evidence of Functional Limitations: The FCE objectively documents your physical limits and supports your claim for permanent restrictions.

Negotiation Leverage: A favorable FCE result can boost the value of your settlement or arbitration award.

FCEs have “validity testing” – they can (partially) tell if you are being truthful about your pain and capabilities. A valid FCE shows that you are being honest, and that your limitations are real! Insurance companies like to pain the injured worker as a liar or lazy. This is a significant tool to fight against these arguments and accusations.

Return-to-Work Implications: If the FCE shows you can’t safely return to your prior job, it justifies compensation for lost earning potential or retraining.

When properly documented, an FCE becomes one of the most persuasive tools to maximize your workers’ compensation settlement in Illinois.

🚨 The New Trend: Insurers Attacking the Validity of FCEs

In recent years, insurance companies have begun challenging the validity of FCEs themselves.
This is different from the usual Independent Medical Examination (IME)—a separate medical opinion obtained by the insurer to dispute your doctor’s findings.

Insurers now hire their own “experts” to:

Question how the FCE was conducted or whether it meets accepted standards,

Argue that the evaluator was biased toward the injured worker,

Claim that the testing protocol was unreliable or inconsistent,

Attempt to exclude the FCE results entirely from consideration.

This trend poses a serious risk to injured workers. By discrediting your FCE, insurers hope to undermine your restrictions and reduce your settlement offer.

Our team at McHargue and Jones has successfully countered these tactics for decades, using rebuttal experts, strong medical records, and cross-examination to uphold the integrity of FCE evidence and protect our clients’ rights.

🧮 How Settlements Are Determined in Illinois Workers’ Compensation

Each workers’ compensation case in Illinois follows a predictable structure, but the final settlement value depends on multiple interlocking factors:

Medical Stability (MMI): You’ve reached maximum recovery potential.

Permanent Restrictions: Your treating doctor or FCE identifies limitations on your ability to work.

Wage Loss & Impairment: Calculated using the Illinois work comp settlement formula, your weekly wage, and impairment rating.

FCE & Medical Evidence: Strengthens your claim for ongoing impairment or retraining benefits.

Insurance Company Response: The carrier may challenge your restrictions with an IME or now even attack your FCE’s validity.

Negotiation or Trial: Your attorney uses all available evidence to negotiate or litigate for a fair settlement.

To see how strong documentation and attorney advocacy can change the outcome, visit our case results and settlements page
.

🧩 Why Experience Matters in Illinois Workers’ Comp Cases

Insurance carriers and their attorneys are sophisticated—and increasingly aggressive.
At McHargue & Jones, our experienced Chicago workers’ compensation attorneys understand these strategies and know how to dismantle them. Check out a few of our successful settlements here. MOST of the biggest cases utilized an FCE and/or permanent restrictions from a doctor.

We use decades of courtroom experience, detailed medical analysis, and proven negotiation tactics to fight for fair settlements. Whether your case involves a disputed FCE, a biased IME, or an insurer undervaluing your permanent restrictions, our goal is always the same: to ensure you receive the full workers’ compensation benefits you’re entitled to under Illinois law.

📞 Take the Next Step

If you’ve suffered a work injury and are unsure how your permanent restrictions or FCE results might affect your claim—or if the insurance company is trying to challenge your evidence—contact McHargue & Jones
today.

Our legal team has decades of experience helping injured Illinois workers recover maximum settlements, even in complex cases involving FCE disputes and IMEs.

Schedule a free consultation to discuss your case, learn what your Illinois workers’ compensation settlement may be worth, and find out how we can help you fight back against insurer tactics.

🧾 FAQ: Illinois Workers’ Comp FCE & Settlement Questions

Q: Does an FCE determine my Illinois workers’ comp settlement?
A: Not by itself. The FCE is one of several key factors influencing your settlement, along with your permanent restrictions, medical treatment, and lost wages.

Q: How can I dispute an insurance company’s IME report?
A: An attorney can challenge IME findings by presenting your treating doctor’s testimony, the FCE, and other medical documentation that supports your ongoing disability.

Q: What happens after my FCE in a workers’ comp case?
A: Once your FCE is complete, your attorney and the insurance company use its results to negotiate settlement value or prepare for a hearing.

Q: How can I maximize my Illinois workers’ compensation settlement?
A: Work with an experienced Chicago workers’ compensation attorney who knows how to use medical evidence, FCEs, and wage records strategically during negotiation or litigation.

✅ Key Takeaway

Your permanent restrictions and FCE results can significantly affect your Illinois workers’ comp settlement. But as insurers increasingly challenge FCE validity, expert legal representation has never been more important. The attorneys at McHargue & Jones know how to protect your rights and maximize your workers’ compensation settlement in Illinois — no matter how hard the insurance company fights back.