Returning to Work After a Workplace Injury in Indiana
Recovering from a workplace injury can be a long and challenging process. When your doctor finally clears you to return to work, whether in your old position or a modified one, it’s natural to feel both hopeful and uncertain. Many injured workers worry about whether they’re physically ready, how their employer will treat them, and how returning to work might affect their workers’ compensation benefits.
At Lee Cossell & Feagley, LLP, our Indianapolis workers’ compensation lawyers understand that getting back to work is a key part of your recovery, but it must be done safely and fairly. Indiana workers’ comp law provides important protections for injured workers, including rules for light-duty work, accommodations, and ongoing benefits. Knowing your rights can help you make informed decisions as you transition back to the workplace.
Your Doctor’s Role in Determining Work Readiness
Before you can return to work, your treating physician must evaluate your condition and determine whether you are capable of resuming your job duties. The doctor will typically issue one of three opinions:
- You are fully recovered and can return to your regular work without restrictions.
- You are partially recovered and can perform light-duty or modified work with certain restrictions.
- You are not yet able to return to any work and should continue medical treatment.
Employers must follow your doctor’s orders. If you are released for light-duty work, your employer cannot require you to perform tasks that go beyond the medical restrictions set by your physician. Attempting to do more than you are cleared for can delay your recovery and may even worsen your injury.
What Is Light-Duty Work?
“Light-duty” refers to temporary or permanent modifications to your job that allow you to work within your physical limitations. The goal is to help you reenter the workforce without jeopardizing your health.
Light-duty work might include, for example:
- Performing administrative tasks instead of physical labor
- Working reduced hours
- Avoiding lifting or standing for long periods
- Using assistive devices or ergonomic equipment
- Taking on a different role that fits your abilities
In Indiana, your employer is not legally required to create a light-duty position, but many do so to keep injured employees active and minimize lost productivity. If your employer offers a legitimate light-duty assignment that fits within your doctor’s restrictions, you are generally expected to accept it. Refusing suitable light-duty work could affect your eligibility for wage replacement benefits.
How Light-Duty Work Affects Workers’ Compensation Benefits
When you’re off work due to an injury, you may receive Temporary Total Disability (TTD) benefits—typically two-thirds of your average weekly wage—until you can return. Once you are cleared for light-duty work and your employer offers an appropriate position, your TTD benefits may stop.
However, if your light-duty job pays less than your regular wage, you may be eligible for Temporary Partial Disability (TPD) benefits. TPD helps make up the difference between your pre-injury wage and your reduced light-duty income, ensuring you don’t face financial hardship while you heal.
For example, if you earned $900 per week before your injury and now earn $600 on light duty, you could receive two-thirds of the $300 difference ($200) in TPD benefits. These benefits continue until you return to full wages, reach maximum medical improvement (MMI), or your doctor releases you from restrictions.
Workplace Accommodations and Modified Duties
If you return to your original job but still have limitations, your employer must make reasonable efforts to accommodate your restrictions. Accommodations may include modified schedules, special equipment, or temporary reassignments.
While Indiana’s workers’ compensation laws don’t directly mirror the Americans with Disabilities Act (ADA), the two systems often overlap. If your injury results in a lasting impairment that qualifies as a disability under the ADA, your employer may be legally obligated to provide reasonable accommodations to help you perform your job.
It’s important to communicate openly with your employer about what you can and cannot do. Provide documentation from your doctor detailing your restrictions, and ask for clarification if you’re uncertain about your job duties. If you believe your employer is not honoring your medical limitations or is pressuring you to return to work too soon, you should contact a workers’ compensation attorney immediately.
When Your Employer Doesn’t Offer Suitable Work
Sometimes, an employer may not have any work that fits your medical restrictions. If no suitable light-duty position is available, you are not required to return to work until your condition improves. During this period, you should continue receiving your TTD benefits.
Unfortunately, some employers use light-duty programs to reduce benefit payments by offering token or make-work positions that don’t truly accommodate an injured worker’s limitations. Examples include assigning meaningless tasks, ignoring medical restrictions, or reducing hours to force an employee to quit. These tactics are not lawful or fair, and injured workers have legal remedies available.
At Lee Cossell & Feagley, LLP, our attorneys can review your situation, communicate with your employer or insurer, and take action before the Indiana Workers’ Compensation Board if necessary to ensure your rights are protected.
Returning Too Soon Can Have Consequences
Eagerness to return to normal life is understandable, but returning to work before you are medically ready can lead to reinjury or long-term health issues. It can also complicate your workers’ compensation claim.
If you aggravate your injury after returning to work, the insurance company might argue that the new injury is unrelated or caused by something outside of work. Always follow your doctor’s recommendations and report any worsening of your symptoms immediately. A new evaluation may be necessary to adjust your work restrictions or benefits.
Vocational Rehabilitation and Retraining
For some workers, returning to the same type of job after a serious injury isn’t possible. If your injury permanently limits your ability to perform your prior work, you may be eligible for vocational rehabilitation services under Indiana law. Vocational rehabilitation helps injured workers transition into new types of employment through job placement assistance, career counseling, skills training or certification programs, and education reimbursement. These programs are designed to restore your earning capacity and help you become self-sufficient again. Working with an attorney ensures you receive fair access to these services and are not pushed into unsuitable or low-paying work.
How Returning to Work Impacts Future Benefits
Your return to work can affect different types of benefits, depending on your condition and classification:
- Temporary Disability Benefits: These typically end when you resume work or reach MMI.
- Permanent Partial Disability (PPD): If your injury leaves lasting impairment, you may still qualify for PPD benefits even after returning to work.
- Permanent Total Disability (PTD): If you are unable to return to any employment, you may qualify for lifetime benefits instead.
It’s important to note that workers’ compensation benefits can change as your medical condition evolves. For example, if your light-duty job ends because the employer no longer has suitable work, your benefits may resume. Similarly, if your injury worsens over time, you may be entitled to additional compensation or a reevaluation of your disability rating.
Dealing With Employer Retaliation
Indiana law prohibits employers from retaliating against employees for filing workers’ compensation claims or taking time off for work-related injuries. Retaliation can take many forms, including demotion, pay cuts, reduced hours, harassment, or wrongful termination.
If you suspect retaliation, document everything—emails, conversations, changes in your duties—and contact an attorney right away. The legal team at Lee Cossell & Feagley, LLP can help you pursue a claim for unlawful retaliation and protect your right to fair treatment.
Returning to work after a workplace injury isn’t always straightforward. Between medical restrictions, benefit adjustments, and employer expectations, it’s easy for injured workers to feel overwhelmed. Having an experienced Indianapolis workers’ compensation lawyer on your side can make all the difference.
Our attorneys at Lee Cossell & Feagley, LLP can help you by:
- Ensuring your light-duty work complies with medical restrictions
- Monitoring your benefits to prevent underpayment or premature termination
- Challenging unsuitable job offers or retaliatory conduct
- Securing permanent disability benefits if you can’t return to your former work
- Guiding you through vocational rehabilitation or retraining programs
We’ve helped countless Indiana workers protect their rights and their livelihoods after serious job-related injuries.
Contact Lee Cossell & Feagley, LLP, for Help With Indiana Workers’ Compensation Claims
If you’ve been injured on the job and are preparing to return to work, legal assistance can ensure you don’t jeopardize your rights along the way. Let Lee Cossell & Feagley, LLP, help you make a safe, fair, and financially secure transition. Our attorneys understand Indiana’s workers’ compensation system and will fight to ensure you receive the full benefits and protections you deserve.
Call our Indianapolis office today to schedule a free consultation and learn more about how we can help you get back to work with confidence and peace of mind.
