A concussion can affect how a person feels, thinks, acts, or sleeps, and some symptoms may not appear until hours or days after the injury. The Centers for Disease Control and Prevention’s concussion guidance[1] also warns that danger signs require immediate emergency medical care.
This guide separates official medical and legal information from Delventhal Law Office’s practical ideas for organizing records. For a broader overview, visit the firm’s Indiana workers’ compensation resource.
Key takeaways
- Indiana Code 22-3-3-1[2] requires an injured employee to report the injury to the employer as soon as practicable and generally requires notice within 30 days, while preserving statutory exceptions for employer knowledge and reasonable excuse.
- The CDC says concussion symptoms may affect how a person feels, thinks, acts, or sleeps and may appear immediately or later.
- The CDC says healthcare providers can give instructions about when a worker can safely return and list needed supports or accommodations.
- The Worker’s Compensation Board of Indiana[3] says the employer directs medical care in Indiana.
- Delventhal suggests keeping a factual symptom log and preserving each work note so the provider, worker, and employer can discuss the same information.
What concussion symptoms should you document?
The CDC lists possible symptoms including headache, dizziness or balance problems, fatigue, nausea or vomiting early on, vision problems, sensitivity to light or noise, concentration or memory problems, irritability, sadness, and sleep changes. Review the CDC’s complete symptom and danger-sign guidance[1] rather than relying on this summary.
The CDC says some symptoms appear right away while others may not appear for hours or days. It advises immediate emergency medical care for danger signs, including a worsening headache that does not go away, repeated vomiting, seizures, slurred speech, unusual behavior or confusion, unequal pupils, weakness or numbness, or loss of consciousness or inability to wake.
As a practical matter, Delventhal suggests describing what you actually experienced, when it began, and what activity you were doing. Do not diagnose yourself; a healthcare professional should evaluate the symptoms.
How can you build a useful symptom record?
The CDC does not prescribe a claim diary. Delventhal offers the following organization checklist to help a worker prepare for medical appointments:
- Record the date and approximate time.
- Describe the task you were performing and the symptom in your own words.
- Note what you stopped or changed and whether anyone observed the problem.
- Write down questions for the next medical appointment.
Keep entries factual. If something is uncertain, say so. Bring the log to appointments as a memory aid and let the provider make an independent medical assessment.
Why ask for written work restrictions?
The CDC’s TBI in the workplace guidance[4] says healthcare providers can give instructions about when a worker can safely return and list needed supports or accommodations. It identifies examples a provider may recommend, including rest breaks, shorter schedules, temporary task changes, reduced driving or screen time, and limited or no use of machinery or heavy equipment.
Delventhal suggests asking the provider to address the functions that matter for the actual job instead of writing only “light duty.” Relevant subjects may include driving, ladders, machinery, screens, noise, lifting, concentration, shift length, and a reassessment date. The provider—not the worker—decides what medical instructions are appropriate.
Give the written note to the employer contact responsible for the claim and keep a copy. If an assigned task appears inconsistent with the note, identify the specific restriction and request clarification.
How can you connect restrictions to the actual job?
| Job demand | Information to give the provider | Possible question |
|---|---|---|
| Driving | Vehicle type, trip length, traffic exposure, and frequency | Is driving limited, and when should that limit be reviewed? |
| Machinery | Equipment, moving parts, reaction time, and safety procedures | May I operate this equipment under the current instructions? |
| Heights | Ladder, platform, roof, or lift work | Are climbing or height restrictions appropriate? |
| Computer work | Screen time, lighting, reading, data entry, and concentration demands | Would breaks or reduced screen time be appropriate? |
| Production work | Line speed, noise, lifting, multitasking, and shift length | Which tasks and hours fit the current medical instructions? |
This table is Delventhal’s practical interview tool, not a list of restrictions required by the CDC or Indiana law.
What should you know about reporting and authorized care?
Indiana Code 22-3-3-1[2] says an injured employee must report an injury to the employer as soon as practicable and generally requires notice within 30 days, while preserving statutory exceptions for employer knowledge and reasonable excuse. Use the employer’s reporting process and preserve confirmation when possible.
A delay does not automatically resolve the issue because the statute includes exceptions whose application depends on the facts. Delventhal’s guide to reporting an Indiana work injury explains the distinction between notice of an injury and filing a formal claim.
The Worker’s Compensation Board of Indiana[3] says that the employer directs medical care and that an employee who believes the care is inadequate may file an Application for Adjustment of Claim. The Board also tells employees to communicate with the employer about medical care. Ask whether separate treatment is authorized before assuming workers’ compensation will pay for it.
What if the employer offers light duty?
Delventhal suggests comparing the offer with the provider’s written instructions, including the tasks, schedule, location, physical and concentration demands, equipment, and start date. If the provider has not evaluated the proposed work, request enough written detail for that discussion.
Indiana Code 22-3-3-11[5] says a partially disabled employee who refuses employment suitable to the employee’s capacity is not entitled to compensation during the refusal unless the Worker’s Compensation Board finds the refusal justifiable. The statute also requires notice in the manner prescribed by the Board before compensation may be denied on that basis.
Because a response can affect benefits, do not ignore an offer. Identify any conflict with the medical instructions, request clarification, and consider obtaining advice about the specific facts. See Delventhal’s Indiana light-duty guide for related information.
Work-concussion documentation checklist
This is Delventhal’s practical organization checklist; no cited authority requires this exact set of records.
| Record | What to preserve | Practical purpose |
|---|---|---|
| Injury report | A copy, submission confirmation, and recipient | Records what was reported and when |
| Incident information | Witness names, available photographs, and equipment details | Identifies information about the event |
| Medical paperwork | Visit summaries, referrals, prescriptions, and follow-up dates | Keeps instructions organized |
| Work notes | Each version and the date it was delivered | Tracks instructions over time |
| Job information | Job description, schedule, equipment, and regular tasks | Helps explain the job to the provider |
| Communications | Relevant emails, letters, claim information, and call notes | Helps reconstruct a timeline |
Common documentation mistakes
- Using vague labels without describing the actual problem.
- Leaving job demands out of the medical discussion.
- Failing to save updated work notes.
- Guessing about events you do not remember.
- Exaggerating or minimizing symptoms.
- Posting publicly about a disputed claim instead of preserving records privately.
These cautions are Delventhal’s practical guidance. Accurate, measured descriptions are more useful than dramatic language.
Frequently Asked Questions
Can concussion symptoms appear after the work incident?
Yes. The CDC says some mild TBI or concussion symptoms appear immediately while others may not appear for hours or days.
Should I keep a daily symptom log?
Delventhal suggests a concise, factual log as a memory aid for appointments. It is not a CDC or Indiana workers’ compensation requirement, and the provider should decide what the observations mean medically.
Who decides my work restrictions?
A healthcare provider gives medical return-to-work instructions. The Indiana Board says the employer directs medical care in a workers’ compensation claim.
Can I refuse light duty that conflicts with my restrictions?
Indiana Code 22-3-3-11[6] may suspend compensation when a partially disabled employee refuses employment suitable to the employee’s capacity, although the Board may find a refusal justifiable and prescribed notice is required before compensation is denied on that basis. The facts matter, so identify the conflict and seek timely advice before responding.
What if I believe the authorized care is inadequate?
The Indiana Board says an employee who believes the employer-directed care is inadequate may file an Application for Adjustment of Claim with the Board.
If you suffered a concussion at work, you may contact Delventhal Law Office to discuss whether the firm can assist.
This article provides general information, not legal or medical advice. Reading it does not create an attorney-client relationship. Contacting the firm may make you a prospective client for limited purposes, but it does not necessarily mean the firm represents you; representation depends on the circumstances and an agreement. The Scope of the Indiana Rules of Professional Conduct[7] explains that whether a client-lawyer relationship exists can depend on the circumstances, and Rule 1.18[8] addresses duties to prospective clients.
Sources
- Centers for Disease Control and Prevention’s concussion guidance (cdc.gov) ↩
- Indiana Code 22-3-3-1 (iga.in.gov) ↩
- Worker’s Compensation Board of Indiana (in.gov) ↩
- TBI in the workplace guidance (cdc.gov) ↩
- Indiana Code 22-3-3-11 (iga.in.gov) ↩
- Indiana Code 22-3-3-11 (iga.in.gov) ↩
- Scope of the Indiana Rules of Professional Conduct (rules.incourts.gov) ↩
- Rule 1.18 (rules.incourts.gov) ↩
