Temporary Partial Disability
Temporary partial disability (TPD) and temporary total disability (TTD) benefits are both paid to workers injured on the job who have not reached their points of maximum medical improvement (MMI)—the states at which future treatment will result in no further improvement of the employees’ conditions. TPD benefits, however, are the only one of the two that will continue to be paid after the employee has returned to work.
Florida Statute § 440.15(a) states that TPD benefits are only payable when workers have not reached MMI and “the medical conditions resulting from the accident create restrictions on the injured employee’s ability to return to work.” Injured employees who are earning less than what they had been making when they were hurt are entitled to a percentage of the difference between their current wage and their previous wage.
Lawyer for Temporary Partial Disability Workers’ Compensation Benefits in Miami, FL
If you or your loved one sustained a catastrophic injury on the job that has significantly diminished your earning capacity, it is in your best interest to immediately retain legal counsel for help obtaining all of the workers’ compensation benefits that you need and deserve. The Hoffman Firm represents clients all over South Florida, including communities throughout Broward County, Palm Beach County, and Miami-Dade County.
Miami workers’ compensation attorney Evan A. Hoffman helps clients determine whether they can collect additional compensation from negligent third parties, and he also represents employees who have been harassed or wrongfully terminated after being injured on the jobs. You can have our lawyer review your case and discuss all of your legal options as soon as you call (305) 940-2307 to schedule a free consultation.
Overview of Temporary Partial Disability in Florida
- What calculation is used to determine a person’s TPD benefits?
- How long can an injured worker receive TPD benefits for?
- Where can I find more information about TPD benefits in South Florida?
Under Florida Statute § 440.15(a), TPD benefits are equal to 80 percent of the difference between 80 percent of the employee’s average weekly wage (AWW) and the wages that the employee is able to earn after being injured. Essentially, injured workers are entitled to TPD benefits when they are not able to earn 80 percent of their AWW before they were hurt.
For example, a worker who was earning $2,000 a week but now only makes $1,000 a week would be entitled to the difference between 80 percent of his or her previous AWW ($2,000 x 0.80 = $1,600) and his or her current weekly wages ($1,000). In this case, the worker would receive $600 ($1,600 - $1,000) in PTD benefits.
Workers’ compensation insurance carriers are required under Florida Statute § 440.15(b) to mail the employee and employer an informational letter explaining the employee’s possible eligibility and responsibilities for TPD benefits within five business days of learning that the worker has been releases to restricted work. After the employee returns to restricted work, the first installment of TPD benefits is due seven days after the last date of the postinjury employer’s first biweekly work week and are paid biweekly thereafter.
Florida Statute § 440.15(e) limits TPD benefits to a period of 104 weeks. These benefits are only payable so long as the employee remains on restricted work, and the injured worker’s permanent impairment must be determined when he or she reaches the maximum number of weeks for benefits.
TP Disability Calculator | Florida Department of Financial Services — On this section of the Florida Division of Workers’ Compensation website, you can use this online calculator to help you determine your compensation or wage replacement benefits. All you need to do is select the year your injury occurred and enter your average weekly wage.
Division of Workers' Compensation
Bureau of Compliance
401 N.W. Second Avenue
Miami, Florida 33128
Thayer v. Chico's Fas, Inc. and Specialty Risk Services, Case No. 1D12-1140 — In April 2010, Dena Thayer injured her left knee and both hands in a slip and fall accident. She underwent surgery to her left knee and returned to work under light-duty work restrictions, but her employer fired her “because she was unable to meet her deadlines.” She filed a petition seeking TPD benefits and other benefits, but the Judge of Compensation Claims (JCC) denied benefits on the basis that, although Thayer “remained eligible to receive TPD benefits subsequent to her termination,” she failed to meet her burden to prove that, “after the termination, a causal connection existed between the loss of wages and the injuries” by providing evidence of an unsuccessful job search. The First District Court of Appeal reversed and remanded the order, writing:
This court reviews for competent substantial evidence a JCC’s ruling as to whether a claimant is entitled to temporary disability benefits. See Fardella v. Genesis Health, Inc., 917 So. 2d 276, 277 (Fla. 1st DCA 2005). Evidence of an unsuccessful job search is an alternate means by which a claimant may establish a causal relationship between a claimant’s compensable injuries and claimant’s temporary partial wage loss where the claimant is unable to establish that her compensable restrictions precluded adequate performance of her prior job. See Wyeth/Pharma Field Sales v. Toscano, 40 So. 3d 795 (Fla. 1st DCA 2010). A job search is not required when a claimant establishes that termination was caused by the claimant’s inability to perform her job due to her compensable injuries. Id. The cause of the claimant’s displacement from employment and wages, once established, remains the cause until an intervening or superseding cause is established. See id. at 803. This court has explained, “The requirement of a job search has not been applied to periods of [temporary partial disability] where the immediate and identifiable post-injury cause of the loss of wages is the injury itself.” Alie v. Crum Staffing, Inc., 41 So. 3d 1007, 1008 (Fla. 1st DCA 2010) (quoting Toscano, 40 So. 3d at 802-03).
The Hoffman Firm | Miami Temporary Partial Disability Benefits Lawyer
Did you or your loved one suffer a serious injury on the job that has restricted your work ability and dramatically reduced your wages? Contact The Hoffman Firm to make sure that you are getting all of the workers’ compensation benefits you are entitled to.
Evan A. Hoffman is an experienced workers’ compensation attorney in Miami who represents clients in Hallandale Beach, Boynton Beach, Fort Lauderdale, West Palm Beach, Miami Beach, Homestead, Aventura, and many surrounding areas of South Florida. Call (305) 940-2307 or submit an online contact form to take advantage of a free initial consultation that will let our lawyer provide an honest and thorough evaluation of your case.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More