Understanding Temporary Total vs. Temporary Partial Benefits in Florida Workers’ Compensation
If you were hurt on the job in Florida, you may be hearing terms like “temporary total disability” (TTD) and “temporary partial disability” (TPD) thrown around by your employer, an insurance adjuster, or a doctor. These are two distinct types of wage replacement benefits under Florida’s workers’ compensation system, and knowing the difference can directly affect how much money you receive while you recover.
What Is Temporary Total Disability (TTD)?
Temporary Total Disability benefits apply when a work injury leaves you completely unable to work for a period of time. Under Florida law, if your authorized treating physician places you on a no-work status, you may be eligible for TTD benefits.
TTD pays 66 2/3% of your average weekly wage, calculated based on your earnings in the 13 weeks before your injury. These benefits begin after a two week waiting period and can continue for up to 260 weeks, though there are exceptions depending on the severity of your condition.
A key point: your treating physician, not your employer or the insurance company, is the one who determines your work restrictions. If your doctor says you cannot work, you should not feel pressured to return before you are medically cleared. Most WC physicians will likely send you back to some limited duty avoiding using the injured body part.
What Is Temporary Partial Disability (TPD)?
Temporary Partial Disability benefits come into play when you can return to work in some capacity but your injury still limits you from returning to regular duty. This could mean fewer hours, lighter duties, or a job that pays less than what you earned before the accident.
If you are earning less than 80% of your pre-injury average weekly wage due to your work restrictions, TPD benefits help bridge the gap. Florida calculates TPD as 80% of the difference between 80% of your pre-injury wage and what you are currently earning.
For example, if you were earning $800 a week before your injury and can now only earn $500 a week in a light-duty role, TPD benefits would help make up a portion of that lost income calculated as $800 x 80%= $640- $500 (actual earnings) = $140 x 80%= $112- WC to be paid
Transitioning Between Benefit Types
It is not uncommon for workers to move from TTD to TPD as they heal. You might start out completely unable to work, then gradually return to modified or part-time duty as your condition improves. Your benefits should adjust accordingly, though this transition does not always happen smoothly without some follow-up.
Common Pitfalls to Watch For
Insurance carriers sometimes dispute or underpay these benefits. Watch out for:
- Benefits are reduced or cut off before your doctor clears you for full duty
- Disputes over your average weekly wage calculation
- Pressure to accept a light-duty assignment that does not actually exist or that exceeds your restrictions
- Delays in benefit payments without proper notice
If any of these situations arise, it is worth speaking with a workers’ compensation attorney sooner rather than later.
If you have been injured on the job, you do not have to face the claims process alone. At De Cardenas Freixas Stein & Zachary, P.A., we are here to help you understand your rights and pursue the benefits you need. Call us at 305-377-1505 for a complimentary consultation. Our bilingual team is ready to guide you through each step of your case.
