Understanding Temporary Total Disability (TTD) and Temporary Partial Disability (TPD)
If you suffer an injury at work and your doctor places temporary restrictions on your activities that prevent you from performing your regular job, you may be entitled to Temporary Total Disability (TTD) benefits. TTD benefits are paid at a rate of two-thirds (2/3) of your average weekly wage (AWW). Your AWW is calculated by averaging your gross earnings, including overtime, over the 52 weeks before the injury. If you haven’t worked a full 52 weeks, your earnings during the weeks you did work, or the earnings of another employee doing similar work, can be used to determine your AWW. The law requires that this calculation be fair to both the employee and employer.
When You May Not Qualify for TTD
An exception applies if your employer can provide work that fits within the temporary restrictions your doctor assigned. For instance, if you injure your foot and are only allowed to perform sit-down work, your employer may offer a light-duty position instead of paying TTD. However, light-duty work often results in earning less than your average weekly wage. In these cases, you are entitled to Temporary Partial Disability (TPD) benefits.
How Temporary Partial Disability (TPD) is Calculated
TPD benefits are equal to two-thirds (2/3) of the difference between your average weekly wage and your actual earnings while performing light-duty work. For example, if your AWW is $900 and your light-duty role pays $600, the difference is $300. You would be entitled to $200 in TPD for that week. You can receive TPD benefits as long as your injury remains temporary and you haven’t reached maximum medical improvement (MMI), or for a maximum of 500 weeks. It’s important to calculate these benefits weekly, even if you’re paid biweekly or on another schedule.
Common Issues with TPD Payments
Unfortunately, many employees miss out on TPD benefits because employers fail to report reduced earnings to the insurance company. If you’re performing light-duty work but earning less than your AWW, you’re entitled to TPD, and it’s often up to you or your attorney to ensure those benefits are paid. Insurance companies should verify your earnings, but they don’t always follow through. Another misconception is that employees can’t earn more than their TTD rate while receiving TPD. This is false. Even if you earn more than your TTD rate, you may still be eligible for TPD if your earnings are below your AWW.
Protecting Yourself on Light Duty
Always keep a copy of your doctor’s restrictions with you while performing light-duty work. If your employer asks you to perform tasks that go beyond your restrictions, ask them to demonstrate how the task complies. We once had a case where a client with a back injury was told not to bend or stoop. When the employer asked them to paint baseboards, an impossible task under those restrictions, we were able to secure TTD benefits.
When Refusing Light Duty is Justified
If you refuse light-duty work, your employer generally doesn’t have to pay TTD. However, they must first notify you using a Form 38911 (Termination of Benefits/Request for IME) that explains the consequences of refusal. In some cases, refusing light-duty work can be justified; for example, if the new assignment is significantly farther from your usual workplace or conflicts with established childcare arrangements.
Light Duty at Charitable Organizations
Some employers assign injured workers to perform light-duty tasks at charities such as the Salvation Army or Goodwill. Indiana judges have permitted this practice, but the same rules apply. You must ensure your restrictions are respected and followed. You may have a valid reason to refuse the work if the charity assignment conflicts with your religious beliefs.
Speak with an Experienced Indiana Workers’ Compensation Lawyer
There are many nuances and potential pitfalls when it comes to receiving full workers’ compensation benefits after a workplace injury. If you’ve been injured at work or have questions about your eligibility for TTD or TPD benefits, the attorneys at Klezmer Maudlin are here to help. Our firm has decades of experience fighting for the rights of injured workers throughout Indiana. Learn more about your rights and common workplace injury claims on our Indianapolis Workplace Accident Lawyer page. If you need help with your workers’ compensation claim or believe you aren’t receiving the correct benefits, please contact us today for a free consultation.