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  1. #1
    Join Date
    May 2007

    Default Compensation for Restricted Duty Work

    My husband was injured on 02/01/07. End result; torn rotator cuff. After 3 months of therapy the Orthepedist decided surgery was in order. The surgery was done 10 days ago. His employer called yesterday wanting to set up light duty work for him. He has not even had his post surgery exam yet! Oh yes, his employer decided to keep this "in house" and not involve Workers Compensation. They have been paying his weekly benefit amount as prescribed by Indiana WC; now however we are concerned that they will require him to come back to work at a low paying clerical position immediately. I have been advised that his employer is required to pay him his normal wage even though he is restricted to a lesser paying job. Is this true; and what are his rights as far as when he returns to work even on restricted duties?

  2. #2
    Join Date
    Oct 2006

    Default Re: Compensation for restricted duty work.

    Unless your husband files a claim through the work comp system he has no protections from any decisions the employer makes. The longer he waits the more difficult it will be to make a retroactive claim filing.
    Since there has been no formal claim the employer is under no obligation to follow the law concerning benefits and your husband has no recourse.

  3. #3
    Join Date
    Jan 2007

    Default Re: Compensation for restricted duty work.

    All I can tell you is GET A LAWER NOW!

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