In personal injury and disability cases, a Functional Capacity Evaluation (FCE) can be a pivotal moment. The results of an FCE – which assesses what a person can and cannot do physically – often influence settlement decisions, insurance payouts, or court judgments. As a lawyer, you want your client to approach an FCE prepared, informed, and ready to give their best, honest effort. But many clients have never heard of an FCE before being asked to attend one, and the unknown can be intimidating. This guide, from the perspective of an occupational therapist who frequently conducts FCEs for medical-legal purposes, will arm you with clear steps to help your clients navigate the FCE process. By preparing your client well, you not only help them reduce stress – you also ensure the evaluation paints an accurate picture that will ultimately support their case. 

When people think of domestic or family violence, they often imagine bruises and broken bones. But many of the most debilitating impacts of abuse are invisible. Survivors may carry trauma that doesn’t show on an X-ray – nightmares from PTSD, difficulty focusing due to a head injury, or anxiety that makes leaving the house a battle. As an occupational therapist specializing in medical-legal cases, I’ve seen how these unseen injuries can affect every aspect of a survivor’s life. In this article, we discuss how to recognize these invisible impacts and, importantly, how to document them. Proper documentation is crucial: it validates the survivor’s experience, informs effective support plans, and provides evidence in legal settings to ensure justice addresses the full extent of harm. 

Personal injury claims after a motor vehicle accident often hinge on solid evidence. Beyond medical reports from doctors, occupational therapists (OTs) provide a unique and valuable perspective. In Alberta, where auto insurance includes no-fault benefits for rehabilitation, occupational therapy is a recognized part of recovery (covered up to certain limits). But beyond treating injuries, an OT’s medical-legal assessment can significantly strengthen an accident claim. This article explores how an OT’s expertise and documentation can fortify your case and help ensure you receive fair compensation. 

Recognition of OT expertise in the legal system has grown exponentially since those early cases. In the personal injury field, OTs are now a fixture in many claims – their evaluations of a plaintiff’s functional limitations and rehabilitation needs are often pivotal evidence. Canadian courts have come to expect detailed insights from OTs on how an injury affects an individual’s day-to-day life​. For example, judges require specific information about what tasks a person can no longer perform (from work duties to household chores), and OTs are uniquely qualified to provide that analysis​. It is now routine for lawyers to retain occupational therapists as expert witnesses to provide opinions on functional ability, disability accommodation, and future care needs​. In fact, in some cases both plaintiff and defense counsel will jointly engage an OT to conduct a neutral assessment – a testament to the credibility of OT experts in court​.