Temporary Partial Disability (TPD) Benefits in Georgia Workers' Compensation

What is Temporary Partial Disability (TPD)?

Temporary Partial Disability (TPD) refers to workers’ compensation benefits paid when you can work but at reduced capacity or reduced wages due to a work-related injury. Unlike Temporary Total Disability (TTD), you’re not completely unable to work—you can perform some work, but your injury limits your earning capacity.

The key characteristics of TPD are:

• Partial: Limited ability to work (not complete inability)
• Temporary: Expected to improve with time and treatment
• Wage-based: Compensation based on actual wage loss, not impairment rating

Who Qualifies for TPD Benefits?

To qualify for TPD benefits in Georgia, you must demonstrate:

1. Partial Work Capacity

You can perform some work, but your injury limits you:

• You can do light-duty work but not your regular job
• You can work reduced hours due to your injury
• You can work but at a lower-paying position
• You can work but with restrictions that limit available jobs

2. Actual Wage Loss

You must have actual lost earnings due to your injury:

• You’re earning less than your pre-injury average weekly wage
• The wage loss is ongoing during the TPD period
• You can document the difference between your pre and post-injury earnings

3. Causation by Work Injury

Your wage loss must be caused by your work injury, not due to:

• Economic conditions or layoffs
• Voluntary job changes unrelated to injury
• Employer downsizing or business closures
• Personal choices to work less

4. Medical Support

Your work restrictions must be documented by your authorized treating physician:

• Light-duty work release with specific restrictions
• Medical documentation of limitations
• Evidence that restrictions cause the wage loss

How Much Are TPD Benefits?

Calculation Formula

TPD benefits are calculated based on your actual wage loss:

Weekly TPD Benefit = 2/3 × (Pre-injury AWW - Post-injury Weekly Earnings)

This amount is subject to the maximum compensation rate set by Georgia law.

Example Calculations

Example 1: Light Duty at Reduced Wages

Before injury:

• Average weekly wage: $800

After injury:

• Light-duty job: $500 per week
• Wage loss: $800 - $500 = $300

TPD benefit calculation:

• 2/3 × $300 = $200 per week
• Total weekly income: $500 (wages) + $200 (TPD) = $700

Example 2: Reduced Hours

Before injury:

• Average weekly wage: $900 (40 hours × $22.50/hour)

After injury:

• Same job but only 20 hours per week due to restrictions
• Current earnings: $450 per week (20 hours × $22.50/hour)
• Wage loss: $900 - $450 = $450

TPD benefit calculation:

• 2/3 × $450 = $300 per week
• Total weekly income: $450 (wages) + $300 (TPD) = $750

Example 3: Lower-Paying Job

Before injury:

• Average weekly wage: $1,000 (skilled position)

After injury:

• New job with restrictions: $600 per week (less skilled work)
• Wage loss: $1,000 - $600 = $400

TPD benefit calculation:

• 2/3 × $400 = $266.67 per week
• Subject to maximum rate (example: $800)
• Since $266.67 is below maximum, you receive $266.67 per week
• Total weekly income: $600 (wages) + $266.67 (TPD) = $866.67

When Do TPD Benefits Start?

TPD benefits typically begin when:

1. You return to work at reduced wages: After being on TTD or medical leave
2. Doctor releases you to light duty: With restrictions that limit your earning capacity
3. You transition from TTD: When you improve enough to work but not at full capacity
4. Employer offers light duty: At wages lower than your pre-injury earnings

No Waiting Period for TPD

Unlike TTD benefits (which have a 7-day waiting period), TPD benefits have no waiting period if you’re transitioning from TTD benefits.

How Long Do TPD Benefits Last?

Maximum Duration

TPD benefits can be paid for up to 350 weeks from the date of injury.

This is separate from the 400-week limit on combined temporary benefits. The specific durations are:

• TTD: No specific cap, but combined temporary benefits limited to 400 weeks
• TPD: Maximum 350 weeks
• Combined: Practical limit of 400 weeks for temporary benefits

When TPD Benefits End

TPD benefits stop when:

1. You return to pre-injury wages: No more wage loss to compensate
2. You reach Maximum Medical Improvement (MMI): Transition to permanent benefits
3. You become totally disabled again: Transition back to TTD
4. 350-week maximum is reached: Statutory limit
5. Wage loss is no longer caused by injury: Economic or other non-injury reasons

Common TPD Scenarios

Scenario 1: Light Duty with Same Employer

Your employer offers light-duty work within your restrictions but at lower pay:

• You work the light-duty job
• TPD benefits compensate for the wage difference
• This is often the ideal situation—you stay employed while receiving benefits

Scenario 2: Finding New Employment

You find work with a different employer that accommodates your restrictions:

• New job pays less than your pre-injury wages
• TPD benefits cover the wage gap
• You must prove the wage loss is due to injury-related restrictions

Scenario 3: Same Job, Reduced Hours

Your employer allows you to return but with reduced hours due to restrictions:

• You work fewer hours because of medical limitations
• TPD benefits compensate for lost hours
• Your hourly rate may be the same, but total earnings are less

Scenario 4: Refusing Suitable Light Duty

If you refuse suitable light-duty work offered by your employer:

• TPD benefits may be suspended or reduced
• You must have legitimate medical reasons for refusing
• The work must be within your doctor’s restrictions and at comparable pay

Proving TPD Benefits

To receive TPD benefits, you must provide evidence of:

1. Pre-Injury Earnings

Documentation of your average weekly wage before injury:

• Pay stubs from 13 weeks before injury
• W-2 forms
• Employer wage statements
• Tax returns for variable income workers

2. Post-Injury Earnings

Documentation of your current reduced earnings:

• Current pay stubs
• Employer wage statements
• 1099 forms if self-employed
• Time sheets showing reduced hours

3. Causal Connection

Evidence that wage loss is due to your injury:

• Doctor’s work restrictions
• Job descriptions showing pre-injury work requirements
• Evidence that restrictions prevent you from doing your old job
• Documentation of job search efforts at full wages

4. Ongoing Disability

Proof that your partial disability continues:

• Ongoing medical treatment records
• Continued work restrictions from your doctor
• Evidence you haven’t reached MMI

TPD vs. Other Benefits

TPD vs. TTD

Feature	TPD	TTD
Work Capacity	Can work partially	Cannot work at all
Calculation	2/3 of wage difference	2/3 of full pre-injury wage
Maximum Duration	350 weeks	400 weeks (combined temporary)
Can work while receiving	Yes	No

TPD vs. PPD

Feature	TPD	PPD
Nature	Temporary disability	Permanent disability
Basis	Actual wage loss	Impairment rating
Timing	Before MMI	After MMI
Requires work loss	Yes	No

Transitioning from TPD to PPD

When you reach Maximum Medical Improvement (MMI):

1. TPD benefits end (based on wage loss)
2. You receive an impairment rating
3. PPD benefits begin (based on impairment)
4. You can continue working while receiving PPD

Common Issues with TPD Benefits

1. Disputes Over Causation

Insurance companies often argue your wage loss is due to economic factors, not your injury.

How to protect yourself:

• Document your job search efforts at full wages
• Get written restrictions from your doctor
• Show that available jobs at full wages require abilities you no longer have
• Keep records of job applications and rejections

2. Employer Doesn’t Offer Light Duty

If your employer has no light-duty work available:

• You may need to find work elsewhere
• TPD can still apply if you find lower-paying work
• You may continue on TTD if no suitable work is available

3. Calculating Average Weekly Wage

Disputes often arise over what your true pre-injury wage was:

• Overtime calculations
• Variable income
• Multiple jobs
• Seasonal work

Get legal help if there’s a dispute about your average weekly wage, as this affects both TPD and any other benefits.

4. Partial Benefits Offset

Some employers have policies about coordinating TPD benefits with other income:

• Short-term disability insurance
• Sick leave or vacation pay
• Other employer-provided benefits

Check with an attorney about potential offsets.

Legal Standard: O.C.G.A. § 34-9-262

TPD benefits are governed by O.C.G.A. § 34-9-262, which provides:

“In case of temporary partial disability, the employer shall pay the employee a weekly benefit equal to two-thirds of the difference between the employee’s average weekly wage before the injury and the average weekly wage which the employee is able to earn thereafter, but not more than the maximum weekly benefit…”

The statute specifies:

• Disability must be “partial in character but temporary in quality”
• Benefits based on wage difference, not impairment
• Subject to maximum compensation rate
• Payable for period not exceeding 350 weeks from date of injury

Maximizing Your TPD Benefits

Best Practices

1. Document everything: Keep all pay stubs, medical notes, and work restrictions
2. Accept suitable work: Don’t refuse legitimate light-duty offers
3. Report earnings accurately: Failure to report can result in overpayment demands
4. Stay under doctor’s care: Continue treatment and follow restrictions
5. Communicate with employer: Keep employer informed of your restrictions and work status

When to Get Legal Help

Consult an attorney if:

• Insurance disputes your wage loss calculation
• Employer doesn’t offer light duty and questions if you’re looking for work
• Your TPD claim is denied
• There’s a dispute about whether work is “suitable”
• Benefits are suspended without explanation

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Questions About TPD Benefits?

Understanding temporary partial disability benefits can help you maximize your compensation while recovering from a work injury.

Call Bourne Law Firm at (770) 886-3030 for a free consultation about your TPD benefits.

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Related Articles

• Temporary Total Disability (TTD) - Benefits when completely unable to work
• Maximum Medical Improvement (MMI) - When your condition stabilizes
• Permanent Partial Disability (PPD) Guide - Permanent impairment benefits
• Return to Work Rights - Your rights when returning to work
• Average Weekly Wage - How your wage is calculated

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