Temporary Partial Disability

Temporary partial disability is the wage replacement benefit that applies when a work-related injury allows a worker to perform some employment, but the resulting earnings are less than what the worker earned before the injury. It bridges the gap between full-wage recovery and total inability to work, and it arises most often when a physician clears a worker for light-duty or restricted work during the recovery phase of a claim. Understanding how the benefit is calculated, when it applies, and what circumstances can reduce or eliminate it is important for any worker navigating a return to restricted work. 

Rosenberg & Rosenberg, P.A. may review temporary partial disability claims alongside wage records, physician restrictions, and employer light-duty offers to help injured workers understand the options that may be available under Florida law. Our firm has served workers throughout Broward, Miami-Dade, and Palm Beach Counties for around 50 years.

What Triggers Temporary Partial Disability

Temporary partial disability applies when an authorized treating physician releases a worker to perform some work with restrictions, and the worker either earns less than pre-injury wages in restricted-duty employment or is unable to find restricted-duty work because the employer cannot accommodate the physician’s restrictions. The key distinction from temporary total disability is that the physician has determined the worker can perform some employment, even if the scope of that employment is significantly narrower than their pre-injury job duties.

Restrictions commonly include limits on lifting weight, restrictions on repeated bending or reaching, avoidance of overhead work, limitations on standing or sitting for extended periods, or avoidance of specific tasks connected to the injury. When those restrictions prevent the worker from returning to their regular job and the employer offers a lighter-duty assignment within the restrictions, the worker’s earnings on light duty may be less than their pre-injury average weekly wage. TPD is the benefit designed to partially offset that wage loss.

How the Temporary Partial Disability Formula Works

The calculation under Florida Statutes § 440.15(4)(a) is specific. The benefit equals 80 percent of the difference between 80 percent of the worker’s average weekly wage and the salary, wages, and other remuneration the worker is able to earn after the injury. Stated as a formula: TPD = 80% × (80% of AWW minus post-injury earnings).

As an illustration of how this formula operates, if a worker’s pre-injury average weekly wage was $1,000, and they earn $400 per week on light duty, the calculation would be: 80% of $1,000 = $800; $800 minus $400 = $400; 80% of $400 = $320 in weekly TPD benefits. The worker would receive $320 from the carrier plus the $400 from the employer, for a combined $720 per week.

Two limits apply. First, the weekly TPD benefit cannot exceed 66.67 percent of the worker’s average weekly wage, which is the same rate as temporary total disability. Second, if post-injury earnings equal or exceed 80 percent of the pre-injury average weekly wage, the formula produces zero or a negative result and no benefit is payable. A worker whose light-duty earnings are at or above 80 percent of their pre-injury wage may not receive TPD under the statutory formula. 

When the Employer Cannot Accommodate Restrictions

When the authorized physician releases the worker to restricted work but the employer does not have any position available within those restrictions, the worker may receive TPD calculated as if post-injury earnings were zero. Plugging zero earnings into the formula gives: 80% of AWW minus $0, then times 80% = 64% of AWW. In that scenario, the worker may receive 64 percent of their average weekly wage from the carrier, subject to the applicable statutory maximum.  The 2026 maximum weekly benefit of $1,358 under § 440.12 applies as a ceiling regardless.

This situation differs from temporary total disability in one important respect: the physician has cleared the worker for some work, but no suitable work is available. The carrier pays the TPD rate rather than the TTD rate, and the worker is generally expected to continue attempting to find work within their restrictions or to accept a light-duty offer if one becomes available. Workers who are on restricted-duty status with no available employer accommodation should continue documenting that status through consistent authorized medical appointments, which may help document the physician’s ongoing restrictions and the basis for claimed benefits during the period of wage loss. 

Deemed Earnings and Refusal of Light-Duty Work

A significant and often misunderstood aspect of this benefit is what happens when a worker refuses a bona fide light-duty offer from their employer. Under Florida workers’ compensation principles, if the employer offers a position that is within the physician’s restrictions and the worker declines that offer without good cause, the carrier may impute those refused earnings to the formula. This means the carrier calculates the TPD benefit as if the worker were actually earning the wages the refused position would have paid, regardless of the worker’s actual earnings.

If the imputed earnings equal or exceed 80 percent of the pre-injury average weekly wage, no TPD benefit would be payable under the formula even though the worker has zero actual income. For this reason, workers may want to evaluate any light-duty offer carefully before declining. Where the offered position is not within the physician’s restrictions, the imputation generally does not apply, since the offer is not bona fide. Documenting the specific duties of any offered position and comparing them against the physician’s written restrictions is generally important when a light-duty offer is at issue.

The Shared 104-Week Cap

Temporary partial disability and temporary total disability share a combined 104-week cap under § 440.15. The two benefit types are not counted separately. A worker who received 40 weeks of TTD benefits before returning to restricted work on a reduced wage has approximately 64 weeks of temporary disability benefits remaining, across TTD and TPD combined, before the statutory cap is reached.

Benefits also end earlier if the worker reaches maximum medical improvement before the 104-week limit. Once the authorized treating physician determines that the worker’s condition is unlikely to improve further with continued treatment, temporary benefits stop regardless of how many weeks remain. The claim then transitions to a different phase involving permanent impairment benefits or, in qualifying cases, permanent total disability.

When Temporary Partial Disability Earnings Change Week to Week

Because TPD is calculated against actual post-injury earnings on a weekly basis, the benefit amount may fluctuate from week to week. A worker who earns more in one week due to overtime on light duty will receive less TPD for that week. A worker who earns nothing in a week due to the employer having no available light-duty hours may receive the full 64 percent rate for that week as if no work were available. Workers receiving TPD are generally expected to report their actual earnings to the carrier on a regular basis, and the carrier adjusts the weekly payment accordingly.

Failure to accurately report earnings may create an overpayment situation, in which the carrier seeks to recover benefits paid during periods when actual earnings would have reduced the entitlement. Keeping records of hours worked, wages received, pay stubs, and any weeks with no available light-duty work may support accurate reporting and help address disputes about whether the correct weekly amount was paid.  Workers who are uncertain whether a particular payment reflects the correct application of the formula may wish to verify the carrier’s calculation independently, since an error in either the AWW or the post-injury earnings figure affects every weekly payment in the claim.

Average Weekly Wage and Its Effect on TPD

The average weekly wage calculation under § 440.14 forms the base of the TPD formula in the same way it does for temporary total disability. Disputes about the AWW calculation affect the TPD benefit amount throughout the benefit period. A lower AWW produces a lower 80 percent threshold, which makes it easier for post-injury earnings to eliminate the benefit entirely. Workers whose AWW appears lower than expected may wish to review whether the carrier’s calculation is consistent with § 440.14. 

Reporting and Obligations During the Benefit Period

Workers receiving TPD benefits are generally expected to attend authorized medical appointments, follow the treating physician’s restrictions, report actual weekly earnings to the carrier promptly, and carefully evaluate bona fide light-duty offers that fall within the physician’s restrictions.  Gaps in medical attendance or inconsistencies between reported restrictions and observed activity may affect the continuation of benefits.

The requirement to report earnings accurately is ongoing throughout the TPD period. Some carriers send weekly or bi-weekly earnings attestation forms that the worker must complete and return. Delays in returning these forms may delay payment, and inaccurate entries may trigger a dispute about the benefit amount. Workers who change their work schedule, take on additional part-time work, or receive other remuneration during the TPD period should report those changes to the carrier as they occur rather than waiting for a periodic review. Under § 440.15(4)(a), remuneration includes not only wages but also the value of other compensation received in connection with work, which may affect the formula in some circumstances.

FAQs about Temporary Partial Disability 

Q1. How is temporary partial disability calculated in Florida?
Under Florida Statutes § 440.15, TPD is generally calculated as 80% of the difference between 80% of the worker’s average weekly wage and the salary, wages, or other remuneration the worker is able to earn after the injury. Statutory limits may affect the amount available.

Q2. What if my employer does not have light-duty work within my restrictions?
The effect on TPD benefits may depend on the worker’s medical restrictions, earning capacity, available employment, and other circumstances. Wage records, physician restrictions, and information about available work may be relevant when evaluating potential benefits.

Q3. Can I receive TPD if I return to work at reduced wages?
Potentially. TPD may be available when an eligible worker has some ability to work after a compensable injury but has qualifying reduced earning capacity. The amount, if any, depends on the statutory calculation and the worker’s specific circumstances.

Q4. What happens if I decline a light-duty work offer?
Declining a light-duty position may affect potential TPD benefits depending on the circumstances. The offered duties, wages, medical restrictions, and other evidence may need to be evaluated before determining how the offer could affect the claim.

Q5. What documentation may be relevant to a TPD claim?
Relevant documentation may include wage records, pay stubs, physician-imposed work restrictions, light-duty offers, work schedules, earnings information, and benefit payment records. The documentation relevant to a particular claim depends on its circumstances.

Q6. Can temporary partial disability payments change when my earnings change?
They may. Because the statutory calculation considers post-injury earning capacity on a weekly basis, changes in qualifying earnings may affect the TPD amount that may be available.

Q7. How long may temporary partial disability benefits continue in Florida?
Florida law places statutory limits on temporary disability benefits. The duration that may apply to a particular worker depends on the benefit history, maximum medical improvement, and other circumstances under Florida workers’ compensation law.

How Rosenberg & Rosenberg, P.A. Reviews These Claims

Rosenberg & Rosenberg, P.A. provides guidance on temporary partial disability claims by reviewing wage records, physician restrictions, employer light-duty offers, and benefit payment history to help evaluate the options that may be available under Florida law. Contact Rosenberg & Rosenberg, P.A. to discuss your claim during a free initial consultation. Our firm is available 24/7. For accepted cases, attorney’s fees generally depend on obtaining a recovery, subject to the written fee agreement. Court costs and case expenses may apply.

This page is provided for general informational purposes only and does not constitute legal advice. Viewing this page does not create an attorney-client relationship with Rosenberg & Rosenberg, P.A. Past results do not guarantee or predict a similar outcome in any future case.