1

Get started today

Schedule Your Free Consultation Today!

Fill out the form and someone from our team will contact you. 

Free Consultation

Temporary Partial Disability Benefits

Franks, Koenig, & Neuwelt

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.

Hurt at Work? We Can Help!
Call an attorney at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today.

Contact us today for a free consultation so we can discuss your situtaion.  It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

Call 24/7

See what Our Clients Have To Say

Florida’s Most Trusted Workers’ Comp Attorneys

Devin Major
Devin Major
August 9, 2022.
Verified
Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
Verified
I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
Cynthia Murray
Cynthia Murray
August 3, 2022.
Verified
Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
Naisha Dorvilus
Naisha Dorvilus
August 2, 2022.
Verified
Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
Verified
My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
Evelin Hernandez
Evelin Hernandez
July 21, 2022.
Verified
Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
Verified
Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
Verified
Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
Verified
They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!

Get in touch with us

Schedule Your Free Consultation Today!

Remember, the consultation is free, and if you choose The Law Offices of Franks, Koenig & Neuwelt to represent you, you won’t pay for our services unless we win a settlement for you.

Why Choose Us

N

Experience

A combined 100 years of experience in work-related injuries 

N

We know how to fight insurance companies

We make sure you are not taken advantage of, even when powerful insurance companies who are notorious for trying to deny your care.

N

A Passion For Advocacy

Every person on our team has a passion for helping people and fighting for their rights.