What is Temporary Partial Disability – How to Acquire TPD Benefits

Temporary partial disability (TPD) is a wage-loss benefit that reimburses employees suffering from a work injury or illness. TPD benefits apply when you can only work in a limited capacity for a temporary period of time.

However, temporary partial disability pays less than you usually earn when working before your injury, paying about two-thirds the difference.

There are two types of temporary disabilities, one is temporary partial disability. The other type is temporary total disability—employees who cannot work at all while recovering.

Both forms of temporary disability workers’ comp benefits are provided with the expectation that you’ll return to the workforce at a later date.

According to the Council for Disability Awareness, chances of missing work due to illness, injury, or pregnancy are higher than most understand. About 5% of working Americans experience a short-term disability (6 months or less) due to injury.

If you were injured or sustained an occupational illness while working, here is a guide on acquiring TPD benefits. For specific legal advice, you may need a workers’ compensation attorney to help you with your case.

How to Qualify for Temporary Partial Disability Benefits

You may qualify for temporary partial disability benefits if you sustained an injury or illness that doesn’t completely limit you from gainful employment.

Typically, an employee suffers an injury, but can return to work under the doctor’s directives to do light work.

Here are steps to take when you’re injured at work and want to pursue partial disability benefits. Most workers’ compensation claims start by following the below steps:

1. Inform your employer about your injury and seek immediate medical attention.
2. Let your doctor know your injury was work-related and save all medical documents and receipts relating to your work injury.
3. File a claim form your employer should have provided you within the day. If they didn’t provide you with a claim form, you may fill it out at your state’s DWC website.
4. Gather all evidence of medical records to support your claim. Consider speaking with another doctor if you disagree with your current doctor about your injury.
5. You must prove that you have a temporary partial disability by demonstrating partial loss of earning capacity from a work injury.
6. Sometimes, you may acquire vocational rehabilitation services to help you develop the skills needed for suitable employment during recovery.

If all of this sounds overwhelming while you’re recovering, know that you don’t have to do this alone. If you need a legal specialist by your side, don’t hesitate to reach out to an attorney who can guide you through the process.

Factors that Influence Your TPD Benefits

The amount you can earn from temporary partial disability benefits varies depending on several factors related to your injury.

Keep in mind these factors when determining your TPD benefits:

• Nature of injury or illness
• Severity of the condition
• Work limitations issued by a medical provider to determine functional capacity.
• Employee’s reduced earning capacity due to injury or illness

For temporary benefits, the length of time your workers’ compensation lasts depends on how long you’re debilitated from your injury.

Examples of Temporary Partial Disability

Some examples of temporary partial disability are lessened work hours, modified job roles, and reduced labor work.

• Limited work hours—an office worker suffers a back injury from a slip and fall. The employee can still work, but at a reduced capacity due to the back injury. This forces her to take half-days instead of working her full shift.
• Modified job tasks—a barista severely burned their arm while working and is assigned lighter duties that don’t require heavy lifting.
• Reduced physical demands—a warehouse worker suffers a leg injury during work and is placed on an alternate job, such as cashier work.

These work restrictions may reduce your earning capacity, but TPD is there to support your wage replacement until you recover as much as possible.

Temporary vs. Permanent Partial Disability

The difference between temporary and permanent partial disability is the recovery duration that may affect the employee’s return to work.

Temporary partial disability suggests the injury or illness is expected to heal over time. Permanent disability kicks in when an injured worker cannot contribute to the workforce the same way prior to their injury.

TPD benefits allow workers to perform their responsibilities at a reduced capacity. However, they’re paid less and may receive benefits to compensate for the difference until they’re expected to recover.

Permanent partial disability is a lasting impairment that prevents the employee from performing their regular job tasks after they reach maximum medical improvement.

However, it doesn’t completely prevent you from working, and benefits are paid on impairment percentages due to injury.

Calculating Your Temporary Partial Disability Settlement

Depending on the state, temporary partial disability benefits are calculated based on the percentage of disability you’ve sustained. You may get those percentages through your primary physician evaluating your disability.

In most states, the benefits for TPD are two-thirds the difference from your current wages. You would subtract your current wages during recovery from your prior wages before the injury and multiply that by two-thirds.

Formula: TPD = (preinjury average weekly wage – current wages with injury) x 2/3

For example, your preinjury wage was $1,000 a week, after your injury, you are currently earning $700 a week. You have $1,000 – $700 multiplied by two-thirds is $200 in TPD.

If you earn equal to or above your pre-injury average weekly wage, your TPD may be suspended, but you may have medical benefits continue.

Schedule vs. Non-Schedule Loss of Use Injuries

A scheduled loss-of-use injury refers to an injury that permanently impairs a specific body part, such as:

• Arms
• Legs
• Hands
• Feet
• Eyesight

Schedule loss-of-use injuries have specific percentage amounts based on the body part(s) affected. What is considered a scheduled loss-of-use injury depends on individual state laws.

Disability percentages also depend on the severity of the injury and its impact on the worker’s ability to perform job tasks. For instance, an impairment on an employee’s arm may be worth more than an impaired hand.

Non-scheduled loss of use injuries are body injuries not listed under the workers’ comp schedule of injuries.

Non-scheduled injuries are more challenging to assess due to involving more complex diagnoses. Oftentimes non-scheduled losses impact a workers’ ability to perform more severely than scheduled losses.

Some examples of unscheduled injuries are brain injuries, back injuries, psychological injuries, etc.

To receive unscheduled loss-of-use benefits, you must prove certain requirements:

• Whether the injury happened within the scope of employment
• Whether you promptly reported the incident
• Heeded proper safety procedures during the time of injury

How Long Does Temporary Partial Disability Last?

In most states, temporary partial disability may last a maximum of five years from the date of injury. It may be longer for chronic illnesses which can extend over five years.

Furthermore, the duration for temporary partial disability benefits depends on several factors:

• Date and type of injury
• Whether the injury reached maximum medical improvement
• Capability to earn less than pre-injury wages
• Medical treatment
• Work restrictions
• The victim’s willingness to return to work with restrictions

You should consult with a medical professional to determine how long your TPD may last. Also, you should consider hiring an attorney to help you understand your benefits associated with your injury.

What if You Still Cannot Return Back to Work?

If you still cannot return to work, your TPD may convert to temporary total disability. You may also be given access to vocational rehabilitation services to assist in training you in a new career that suits your condition.

If your injury reaches maximum medical improvement and you still cannot meaningfully contribute to the workforce, you may qualify for permanent disability benefits.

Permanent disability allows you to receive benefits while not working due to your injury and supports your wage loss.

How are Temporary Partial Disability Benefits Paid Out?

Temporary partial disability benefits are paid out when the employee or employer submits pay stubs to the insurance adjuster. They then determine the amount of TPD benefits based on the information gathered from the employee’s pre-injury and post-injury earnings.

TPD benefits would end when the employee can return to work normally or when their doctor says they can return to work. The employee can then return to earning their pre-injury wages.

What if There are Delays?

Sometimes, there are delays in cases where the claim’s administrator needs more information from you before approving or denying your TPD benefits. Delays may happen when disputing the validity of your work injury or awaiting further evidence.

You may contact the claims administrator if you are experiencing delays on your workers’ compensation claim. They are expected to send a delay letter within 14 days of your request for benefits. Failure to do so may result in a penalty fee for your employer.

You may also contact your employer if you’re not able to reach or resolve the issue with the claims adjuster. If things don’t seem to work in your favor, you should hire an expert workers’ comp attorney who may help you seek TPD benefits.

How to Dispute a TPD Benefits Claim

If you receive a letter denying your TPD benefits, you reserve the right to appeal this decision. That’s when hiring an attorney is key to helping you gather supporting evidence. You should then speak with the insurance company and initiate an appeals process to request a review of their decision.

The insurance company may request an independent medical examination (IME) to evaluate your medical condition.

When Do Temporary Partial Disability Benefits End?

Temporary partial disability benefits end when an employee reaches maximum medical improvement (MMI)—the employee’s medical condition can no longer improve from its current state. Benefits may also end when you return back to work.

Once the doctor sees you reached MMI, you may stop receiving benefits even with partial disability. However, with serious injuries like amputations, some states allow extended TPD benefits.

Schedule a Free Consultation With a Workers’ Comp Attorney

If you’re suffering a work injury and require compensation for your losses, schedule a free consultation with a workers’ comp attorney.

LegalASAP is a network that helps clients seek experienced attorneys who know your local state laws. It’s important to file a claim as soon as possible due to the statute of limitations in various states.

Submit a free consultation form now, and see if you’re qualified for a workers’ comp claim. You may also call us at 888-927-3080 for other questions or inquiries.