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In Indiana, is an employer required to comply with a

Customer Question
In Indiana, is an...

In Indiana, is an employer required to comply with a doctor's order to be on limited/restricted duty?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Paperwork was given to the employer. They have duties that would be available, but denied the request and employee was put on short term illnesses.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Employer stated that the condition was pre existing, although the employee had never had any symptoms prior to the episode that happened while the employee was working. It was thought that the employee was having a heart attack.

Submitted: 5 months ago.Category: Employment Law
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Answered in 2 minutes by:
3/12/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 5 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

An employer cannot require someone to work in violation of a doctor's order, but the doctor does not have the legal capability to order an employer to allow light duty if the employer doesn't have a light duty option. The doctor can say "if this person works, it must be light duty."

Then the employer can say "we don't have light duty, so you can't work until you have no restrictions."

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 5 months ago
The employer does have light duty positions available.
Customer reply replied 5 months ago
I prefer the text method.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 5 months ago

That doesn't mean that the employer is legally obligated to grant light duty. It just raises questions. The employee can ask "why am I not getting them when others are?"

Then it becomes a potential discrimination allegation, based on race, religion, gender, age or perceived disability/disability. If there is some potential suggestion of discrimination, the employee should allege that to HR and then, if there is no satisfaction, the employee should then go to the EEOC.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 5 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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