Being told to "report to Goodwill" or "volunteer at a nonprofit" while you are recovering from a work injury feels strange to a lot of Indiana workers. You were hurt at a factory, warehouse, or job site — why are you being sent somewhere else? This guide explains how charity and nonprofit light-duty placements actually work under Indiana law, when you can say no, and what refusing the wrong way can cost you.
Key takeaways
- Indiana law lets an employer or insurer offer suitable light-duty work; a charity or nonprofit placement through a return-to-work program can qualify as that work.
- If you refuse suitable work within your restrictions without a justifiable reason, your compensation can be denied while the refusal continues.
- Before benefits are stopped for a refusal, you must be served written notice of the consequences on a form the Worker's Compensation Board approves.
- If the charity task exceeds your doctor's restrictions, that is a real problem you should document, not just tolerate.
- If the placement pays less than your old job, you may be owed Temporary Partial Disability (TPD) — two-thirds of the wage difference.
- The Worker's Compensation Board can decide whether a refusal was justified, so keep your restrictions, the written offer, and your communications.
Can they really send me to a charity or nonprofit?
Often, yes — through what the workers' comp industry calls a return-to-work or "transition to work" program. Instead of paying you to stay home, your employer or its insurer arranges temporary light-duty tasks at a nonprofit (for example, sorting donations at a thrift store) while your employer keeps paying your wages and the carrier covers any comp benefits due. These programs are marketed to Indiana employers as a way to get injured workers active again — and to reduce the total-disability benefits the carrier would otherwise owe.
Indiana's statute does not spell out "charity placement" by name. What it does is give the employer and insurer the ability to procure suitable employment for your capacity. Under Indiana Code § 22-3-3-11[1], a partially disabled worker who "refuses employment suitable to his capacity procured for him" is not entitled to compensation during that refusal — unless the Worker's Compensation Board finds the refusal was justifiable. A charity or nonprofit assignment procured for you can fall inside that language, which is why simply not showing up is risky.
What "suitable" work actually means
The whole question turns on your medical restrictions. In Indiana, the authorized treating physician — usually chosen by the employer or carrier — sets your work limitations, such as no lifting over ten pounds, no bending, or seated work only. To learn more about who controls that care, see our explainer on who chooses the doctor in an Indiana workers' compensation claim.
Work is "suitable" when the actual tasks stay inside those restrictions. A charity placement that has you sitting, greeting, light sorting, or doing basic clerical work may well fit a light-duty release. A placement that has you loading heavy boxes when your restriction says "no lifting over ten pounds" does not — even if the location is a nonprofit. The setting does not change the rule: the tasks must match the restrictions. Our guide to light duty and work restrictions in Indiana workers' compensation walks through how those offers are supposed to line up with your doctor's note.
What happens if I refuse?
This is where injured workers get hurt twice. If the charity assignment is genuinely suitable and you refuse it without a justifiable reason, Indiana law allows your wage-replacement benefits to be suspended for as long as the refusal continues. Refusing suitable employment is one of the specific grounds an employer can use to terminate Temporary Total Disability benefits under Indiana Code § 22-3-3-7[2].
There is an important protection, though. Before compensation is denied for a refusal, you must be served with written notice setting forth the consequences of refusing, on a form the Worker's Compensation Board prescribes. In practice this is often done on the Board's Report of TTD/TPD Termination, State Form 38911[3]. If nobody has given you that written notice, the process is not complete. And if the assignment truly exceeds your restrictions, the refusal may be "justifiable" — a determination the Board can make.
How refusal risk changes with the facts
| Your situation | Is the placement "suitable"? | Refusal risk | Practical move |
|---|---|---|---|
| Charity tasks stay inside your written restrictions | Likely yes | High — benefits can be suspended if you refuse | Report as directed; document the tasks and any pain |
| Charity tasks exceed your restrictions (e.g., heavy lifting) | Likely no | Lower — refusal may be justifiable | Notify your supervisor/HR in writing; tell your doctor; get help |
| No written offer and no restriction list provided | Unclear | Depends — but process may be incomplete | Ask for both in writing before deciding |
| Assignment is far away or conflicts with real obligations | Case-by-case | Board decides if refusal is justifiable | Document the specific barrier; do not just skip it |
This table is a general guide, not a prediction about your claim. Facts and medical proof control the outcome.
What about my pay at the charity?
A return-to-work placement should not quietly cut your income. If your temporary light-duty work — at a charity or anywhere else — pays less than your pre-injury average weekly wage, Indiana provides Temporary Partial Disability (TPD). Under Indiana Code § 22-3-3-9[4], TPD pays 66 2/3% of the difference between your average weekly wage and what you actually earn after the injury, for up to 300 weeks. If your average weekly wage was $600 and the light-duty arrangement effectively pays $300, the gap is $200 and TPD would be about $133 per week. Our overview of Temporary Partial Disability in Indiana workers' comp explains how that math is supposed to work.
Watch the wage numbers closely. A common dispute is whether the light-duty pay accurately reflects your earning capacity, and errors here ripple through the rest of your claim.
What to do if you're sent to a charity or nonprofit
Handle it strategically. Flatly refusing can risk your benefits; blindly complying can worsen your injury. A practical middle path protects both your health and your claim.
- Get it in writing. Ask for the light-duty offer and a current copy of your doctor's restrictions. Keep both.
- Compare tasks to restrictions. Line up the specific job duties against your limitations before you agree or object.
- Speak up in writing if a task exceeds restrictions. Notify your supervisor, that supervisor's manager, or HR — and tell your authorized doctor. Do not silently push through pain.
- Confirm workers' comp coverage at the offsite location. If you are hurt again at the charity, ask who handles that — your original claim and carrier should still matter, so know the chain of command.
- Do not just stop showing up. If you believe an assignment is improper, document why rather than "no-showing," which can look like a refusal.
- Save every form. Especially any written notice about terminating or suspending benefits.
If your employer has no legitimate light-duty option that fits your restrictions, the analysis changes — see what happens if your employer has no light-duty work available.
When to talk with an attorney
Charity and nonprofit placements are sometimes used to pressure injured workers into quitting or settling. If you feel pushed, if the tasks exceed your restrictions, if your pay dropped without TPD, or if you received a form threatening to cut your benefits, those are good reasons to have someone review the file. You can raise a dispute with the Worker's Compensation Board, and the Board can decide whether a refusal was justified. Our team at Delventhal Law Office's Fort Wayne workers' compensation practice helps injured workers across northeast Indiana, including Allen County, understand these offers and protect their benefits.
Frequently Asked Questions
Can my Indiana employer legally send me to volunteer at a charity while on workers' comp?
Your employer or its insurer cannot physically force you, but it can procure suitable light-duty work, and that work can be arranged at a charity or nonprofit through a return-to-work program. If the tasks fit your medical restrictions and you refuse without a justifiable reason, your compensation can be suspended under Indiana Code § 22-3-3-11[1].
What if the charity tasks go beyond my doctor's restrictions?
Then the work may not be "suitable," and refusing it may be justifiable. Notify your supervisor or HR in writing, tell your authorized treating physician, and keep documentation. Performing tasks outside your restrictions can worsen your injury and complicate your claim.
Will I lose my benefits if I say no?
You can, if the work is genuinely suitable and your refusal isn't justified. But before compensation is denied for a refusal, you must be served written notice of the consequences on a Board-approved form. The Worker's Compensation Board can review whether your refusal was justifiable.
Do I still get paid if the charity placement pays less than my job?
You may be owed Temporary Partial Disability. Under Indiana Code § 22-3-3-9[4], TPD pays 66 2/3% of the difference between your average weekly wage and your actual post-injury earnings, for up to 300 weeks.
Who covers me if I get hurt again at the nonprofit?
Ask before you start. Confirm whether the nonprofit carries its own coverage and who you report to. Understanding the chain of command matters, and a new injury may need to be handled correctly so your rights are protected. When in doubt, get legal advice before signing anything.
Talk it through before you decide
If you were hurt on the job in Fort Wayne or elsewhere in Indiana and you've been told to report to a charity or nonprofit for light duty, you do not have to sort out the rules alone. A free consultation with Delventhal Law Office can help you understand your restrictions, review the offer, and explain the deadlines and options that may apply to your situation.
This article is general information about Indiana law and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. For advice about your specific situation, speak with a qualified Indiana attorney.
