Key takeaways
- Light duty is measured against the doctor’s written restrictions, not the job title.
- Refusing suitable work can suspend compensation during the refusal, but only after the required notice, and the Board can find a refusal justified.
- If light duty pays less than before, temporary partial disability pays 66 2/3% of the difference, for up to 300 weeks counting earlier total-disability weeks.
- An employer having no work within your restrictions is not one of the reasons Indiana law lists for ending temporary total disability benefits.
- Keep every restriction slip, job offer, and pay record in writing.
This guide explains the issue in plain English for injured workers in Fort Wayne and across Indiana. It is not legal advice for every case, but it can help you spot the questions that need answers before the insurance company’s position becomes the only story in the file.
Three light-duty situations and what Indiana law says
The employer offers work within your restrictions
Under IC 22-3-3-11[1], an employee who refuses employment suitable to the employee’s capacity is not entitled to compensation during the refusal, unless the Board finds the refusal justified. Compensation cannot be denied on this basis unless the employee first receives the notice the Board prescribes, explaining the consequences of refusing. Our guide to refusing a light-duty job offer explains the notice and the justification question, and our guide to light duty at a charity or nonprofit covers assignments outside the employer’s own workplace.
Light duty pays less than your old job
Temporary partial disability (TPD) is the benefit for this situation. Under IC 22-3-3-9[2], TPD pays 66 2/3% of the difference between your average weekly wage and the weekly wage you actually earn after the injury, for no more than 300 weeks. Weeks of temporary total disability paid before the partial disability began count toward that 300-week limit. Keep pay stubs from the light-duty job so the difference can be checked.
The employer has no work within your restrictions
If no suitable job is offered, there is nothing to refuse. IC 22-3-3-7[3] lists the reasons temporary total disability benefits may be terminated, such as a return to any employment, refusal of suitable employment or a medical examination, or reaching 500 weeks, and it requires written notice on a Board-approved form. An employer simply having no work within your restrictions is not on that list. If your checks stop in that situation, ask for the termination notice and the stated reason in writing.
Why written restrictions matter
The Indiana Worker’s Compensation Board[4] administers the state system, which depends heavily on paperwork. If the claim file does not clearly explain what happened, what the doctor ordered, and how the injury affects work, the carrier may delay, deny, or undervalue benefits.
For an injured worker, the goal is simple: make the facts easy to verify. That means written reports, accurate medical histories, clear restrictions, and copies of everything.
Common problems workers run into
- the adjuster gives a quick answer without explaining the legal basis;
- the employer says the issue is “not workers’ comp” even though the injury happened during work;
- medical records leave out important job details;
- restrictions are unclear or not followed;
- the worker is told to sign forms before understanding what rights are affected;
- wage benefits, medical care, or impairment value are calculated without enough explanation.
Questions to ask before accepting the insurance company’s answer
Ask practical, specific questions. Who made the decision? What record supports it? What doctor opinion is being relied on? What deadline applies? What benefit is being paid or denied? What happens if your symptoms get worse?
If the answer is verbal, follow up in writing. A short email or text can preserve the issue without sounding argumentative.
How medical evidence affects the issue
Medical proof is often the turning point. Tell providers what job task caused or worsened the condition, when symptoms started, what body parts are involved, and what your normal job requires. If the doctor gives restrictions, get them in writing.
After a possible workplace concussion, symptoms and any resulting work limitations may need prompt, contemporaneous reporting, along with written restrictions from the treating provider. Diagnosis and safe return-to-work decisions belong to treating professionals; for focused documentation guidance, read how to document concussion symptoms and work restrictions in an Indiana workers’ compensation claim.
For permanent injuries, ask how the condition may affect maximum medical improvement and a permanent partial impairment rating. Our Indiana PPI calculator can help explain why that rating matters, but the medical opinion and statutory schedule still drive the analysis.
What to document
- date, time, and location of the injury or symptoms;
- job duties performed that day and in the weeks before;
- witness names and supervisor reports;
- photos, videos, incident reports, and text messages;
- all work restrictions and off-work slips;
- missed work, reduced hours, and wage records;
- claim letters and settlement documents.
Fort Wayne practical example
Imagine a Fort Wayne warehouse worker with a shoulder injury. The worker reports the injury, treats with the authorized doctor, and receives restrictions. The employer offers a job that sounds light on paper but requires reaching and lifting that the doctor prohibited. Under Indiana Code § 22-3-3-11[5], refusal of employment suitable to the worker’s capacity can affect compensation, subject to the statute’s terms. If the worker simply refuses, the carrier may argue benefits should stop. If the worker documents the mismatch and asks the doctor to clarify restrictions, the issue becomes much easier to evaluate.
When to get legal help
Consider getting advice when medical care is delayed, checks are missing, restrictions are ignored, the claim is denied, a settlement is offered, or the injury may leave permanent impairment. The earlier the file is organized, the harder it is for important details to disappear.
Related DLO resources
- Fort Wayne Workers’ Compensation Attorney
- Indiana PPI Calculator
- Can you be terminated while on workers’ comp?
Frequently Asked Questions
Will I get paid if light duty pays less than my old job?
Usually, yes. Temporary partial disability under IC 22-3-3-9[2] pays 66 2/3% of the difference between your average weekly wage and what you earn on light duty, for up to 300 weeks including earlier total-disability weeks.
What if my employer has no light duty for me?
Then there is no offer to refuse. Lack of available work within your restrictions is not one of the reasons IC 22-3-3-7[3] lists for terminating temporary total disability benefits.
Do I have to accept what the adjuster says?
No. The adjuster’s position matters, but disputed issues can often be reviewed, documented, negotiated, or brought before the Indiana Worker’s Compensation Board.
What if my doctor’s note is unclear?
Ask for clarification in writing. Clear restrictions and causation opinions are often critical in Indiana workers’ compensation cases.
Can I be punished for asking questions?
You are allowed to ask reasonable questions about your claim, benefits, treatment, and restrictions. If job security becomes an issue, see our guide on termination while on workers’ comp.
Who decides return-to-work restrictions after a possible concussion?
The treating professional should diagnose the condition and decide whether and how a worker can safely return. Report symptoms promptly and ask the provider to put any restrictions in writing; do not self-diagnose or independently set medical limits.
Does this affect settlement value?
Often, yes. Medical status, PPI ratings, future care, restrictions, and disputed benefits can all affect settlement discussions.
Bottom line
If you were hurt at work in Indiana, do not let uncertainty become the insurance company’s advantage. Delventhal Law Office can help review the records, identify missing proof, and protect the benefits connected to your injury. Start with the free case evaluation form.
