Q: Can your employer send you for a FEC with a known disability and in the process you fall reinjuring yourself?

A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace laws. Generally, if the injury occurred while you were performing an activity related to your job or under the direction of your employer, it might be considered under workers' compensation. However, if the fall was due to negligence on part of the facility where the FEC was conducted, they could also be held liable.

It's important to report the incident to your employer and document everything related to your injury and the conditions under which it occurred. Gathering evidence such as medical reports, witness statements, and any communication regarding your disability and the FEC is crucial. This documentation will be valuable in determining liability and support your case if you decide to seek compensation.

Consulting with an attorney experienced in workers' compensation and personal injury law might provide you with guidance tailored to your situation. They can help you understand your rights and the complexities of your case. Depending on the laws in your area, they can advise on the best course of action, whether it's filing a workers' compensation claim, a personal injury lawsuit, or both.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.