Am I entitled to temporary partial disability benefits? - Klezmer Maudlin PC

You can receive temporary partial disability if, due to your injury, you are partially unable to work for a temporary period of time. According to Indiana Title Code 22-3-3-7, if you are reassigned to a job after your injury that meets the restrictions given by your physician but pays less than your average weekly wage prior to the injury, you are entitled to 66 2/3% of the difference between the income of your old and new job through temporary partial disability benefits. Average weekly wage is found by calculating the average of your wages over a fixed period of time.

  • You are entitled to receive a maximum of 300 weeks of TPD pay.
  • Compensation begins after 7 days of a disability
  • If the disability continues for more than 21 days, you will be compensated for the first 7 days of your disability

 

Example: Joey carries furniture for a local moving company. One day, he drops a heavy chair he was carrying into a home and crushes his foot. The doctor tells him he can still work while his foot heals as long as he can sit down for most of the day.  The doctor also says he can only work for 6 hours at a time.  Prior to the injury Joey worked 10 hours a day. Joey’s employer was able to find a receptionist job in their office building that met the restrictions of the doctor.

If Joey’s new job pays less than his income prior to the injury, Joey is entitled to receive the 66 2/3% difference through TPD pay. If Joey’s new job pays more than or equal to his job prior to the injury, he is not entitled to TPD pay.

If Joey made an average of $500 a week when he was a mover and now makes $300 a week as a receptionist, he is entitled to 66 2/3% of the $200 difference through TPD benefits– approximately $133.33 per week.