Temporary Partial Disability Benefits
In workers’ compensation cases, Temporary Partial Disability Benefits are paid to injured workers who are returned to work in a limited or restricted capacity. These restrictions include, but are not limited to: lifting, pushing, pulling, kneeling, crawling, climbing, squatting, seated only work, taking breaks at will and more.
If the injured worker’s employer cannot accommodate the restrictions, the workers’ compensation insurance company must pay the injured worker 64% of their average weekly wage (AWW). Florida law calculates this sum as 80% of 80% of the AWW (8 x 8 =64).
If the injured worker’s employer can accommodate the restrictions, and the injured worker earns 80% or more of their AWW, then they do not receive any checks from workers’ compensation and instead lose the difference.
If the employer can accommodate the restrictions, but there is wage loss that results in the injured worker making less than 80% of their AWW, the workers’ compensation carrier is required to pay an offset TPD rate. This sum is calculated by taking the difference of 80% of the AWW and the actual gross earnings and then multiplying that by 80%.
For an accident that occurred in 2013, and for an injured worker whose AWW was $1,000.00, but is not only making $500.00, we would calculate as follows:
| AWW: | $1,000.00. |
| 80% of AWW: | $800.00 |
| Actual gross wages: | $500.00 |
| Is the injured worker making less than 80% of the AWW? | Yes, because 80% of the AWW is $800.00 and the injured worker is only making $500.00. |
Because the injured worker is making less than 80% of the AWW they are entitled to an offset TPD payment. The calculation is as follows:
1) AWW x 80%=$X.XX
2) $X.XX – actual gross earnings=$Y.YY
3) $Y.YY x 80%= TPD offset rate paid to injured worker.
For our example we would plug in the above numbers to get the following:
1) $1,000.00 AWW x 80% = $800.00
2) $800.000 $500.00 = $300.00
3) $300.00 x 80% = $240.00
The calculation is as follows: AWW x 80% – actual gross earnings = $ x 80% = TPD offset rate.
For our example we would plug in the above numbers to get the following:
$1,000.00 x 80% = $800.00 minus actual gross earnings of $500.00 = $300.00 x 80% = $240.00
Thus, the injured worker would receive $240 from the workers’ compensation carrier.
Regardless of the type of disability, Florida law provides that an injured worker will not be paid for the first seven days of missed work. The insurance company will be responsible for payment from day eight through day 21. Should the injured worker’s inability to return to work continue to day 22 and forward, the workers’ compensation carrier will then pay the injured worker retroactively for the first week of lost wages.
These benefits can be denied by the workers’ compensation carrier for allegations of misconduct, voluntary limitation of income and various other reasons. If your TPD benefits have been terminated, call an experienced workers’ compensation attorney immediately.
These benefits are limited to a total of 260 weeks. This does not mean that an injured worker will receive 260 weeks of TPD checks. Rather, the law provides that injured workers are entitled to receive, and the workers’ compensation insurance company is required to pay, up to 260 weeks of lost wage checks if, and only if, the injured worker’s authorized medical provider keeps them on a restricted or limited work status for up to 260 weeks. The 260 week period includes payment for Temporary Total Disability so that all weeks of lost wages together, regardless of the type of disability (TTD or TPD), cannot exceed 260 weeks.
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