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Temporary Partial Disability, or TPD, is the wage benefit paid when a work injury lets you return to some work but at reduced earnings. Under Florida Statute § 440.15(4), TPD pays 80% of the difference between 80% of your average weekly wage and what you actually earn, until you reach maximum medical improvement.
Two conditions have to be true at the same time. You have not reached overall maximum medical improvement, and the medical conditions from your accident create restrictions on your ability to return to work.
That is the whole test. TPD isn’t limited to workers who went back to a light duty job—it also covers workers with restrictions who can’t find work within them. If you are released to restricted duty and earning nothing, TPD is still the applicable benefit.
If your doctor takes you out of work entirely, you are on temporary total disability instead. If you reach MMI, temporary benefits end and impairment income benefits take over.
The formula is awkward on first reading, so work it in steps:
Worked example. Your AWW is $1,000. Eighty percent of that is $800. You return to light duty earning $500 a week. The gap is $300. TPD pays 80% of $300, which is $240. Your total for the week is $740.
Weekly TPD cannot exceed 66⅔% of your AWW — the same rate you would receive on TTD. So partial duty benefits can never be worth more than total disability benefits, no matter how the arithmetic falls.
Earnings are compared week by week, not averaged across the claim. A week of more hours reduces that week’s check; a week of fewer hours increases it.
The carrier has 5 business days. Once it knows you were released to restricted work, the carrier must mail you and your employer an informational letter explaining your possible eligibility for TPD and your responsibilities. Many workers never receive it, and many never learn TPD exists.
You have 5 business days. You must notify the carrier within five business days after returning to work. Failing to report an earning capacity in time results in suspension or nonpayment of TPD until you provide proper notification.
The first TPD installment is due 7 days after the last day of the employer’s first biweekly work week, and biweekly thereafter.
TPD is the benefit injured workers most often lose without ever knowing it existed. It requires you to report earnings on time, can be suspended for paperwork, and uses a formula almost nobody can reproduce from memory.
Keep a weekly record of hours and gross pay from the date you return to restricted work. Compare each TPD check against the three step calculation above using your correct AWW. And treat the five-business-day reporting rule as a hard deadline — a suspension for late notice is entirely avoidable and entirely common.
Take 80% of your average weekly wage, subtract what you actually earned that week, and multiply the remainder by 80%. The result is your TPD payment for that week, capped at 66⅔% of your AWW. We compare earnings weekly, not averaged.
Yes. TPD applies whenever you have not reached MMI, and your accident related restrictions limit your ability to return to work. You do not have to be working. A worker under restrictions with no available suitable work is generally entitled to TPD.
TPD and TTD count together against a combined 104 week limit. Once you reach that number of weeks or reach maximum medical improvement, whichever comes first, temporary benefits stop, and your permanent impairment is determined.
Leaving without just cause allows benefits to be calculated on deemed earnings, as if you had remained employed. You must also provide a written affidavit identifying any new employer and your wages there, or TPD stops until you do.
Reviewed by: Scott J. Sternberg