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Temporary partial disability (TPD) benefits play a crucial role in the workers’ compensation system.
They provide financial support to employees who have suffered a work-related injury or illness that temporarily limits their ability to perform their job duties fully. This article delves into the intricacies of TPD benefits, explaining what they are, how they work, and what they cover.
What TPD Benefits Are
Temporary partial disability benefits are funds that are designed to help employees who are physically able to return to work but can no longer perform their previous duties or work a full-time shift after a temporary injury or illness on the job. These funds are meant to bridge the gap between the employee’s full-time earnings, and the reduced earnings they’re able to make during their recovery period.
Understanding the Difference Between a Partial and Total Disability
Partial disability differs from total disability in that the former is related to the key functions of your occupation and how your injury or illness limits your ability to work full-time in your previous capacity and earning level.
Total disability, on the other hand, means that you’ve been rendered completely incapable of performing the duties of your occupation or any occupation (depending on state policies), preventing you from making gainful earnings.
Eligibility for TPD Benefits
To qualify for temporary partial disability benefits, the worker needs to meet specific criteria. Firstly, the injury or illness must have happened while performing duties specifically related to their work, which speaks to causation.
Injuries must be documented by a medical professional, as well.
Also, for TPD, the employee must still be capable of working in some capacity, even if only for limited hours or at different duties, and their post-injury earnings must be lower than they were receiving before they became ill or got hurt.
Calculating Temporary Partial Disability Benefits
Because workers’ compensation programs are state-run (not federal), the calculation of TPD, like other benefits, varies by state but generally follows a common formula.
Typically, TPD benefits are a percentage of the gap between the pre-injury average weekly wage and what they are making after returning to work in a limited capacity, post-injury. For example, if a worker had been earning$1,000 per week before their injury and now, after their injury, earns $600 per week, their TPD benefit might be two-thirds of the $400 difference, or a weekly benefit of around $260.
Again, specific dollar amounts will vary based on individual state regulations and policies.
How Long TPD Benefits Last
These temporary partial disability benefits are designed to provide financial support during the recovery period. How long these benefits are received will depend on the type of injury and how well the workers’ health is improving. Most states have a maximum duration for receiving TPD benefits, typically ranging from a few months to a few years.
However, benefits typically end once the worker reaches maximum medical improvement (MMI) or can return to their previous duties.
Common Injuries and Illnesses Temporary Partial Disability Benefits Cover
TPD benefits cover a wide variety of workplace injuries and illnesses. These include musculoskeletal injuries, such as sprains, strains, and fractures, to repetitive strain injuries like carpal tunnel syndrome or tendinopathy.
These injuries often limit, at least temporarily, a worker’s ability to perform their standard job duties, requiring them instead to work modified tasks or fewer hours.
It can be helpful to know that the following illnesses and injuries generally allow a worker to qualify for TPD benefits. They are:
Musculoskeletal Injuries
These injuries, which affect the muscles, bones, tendons, ligaments, and nerves, are often brought on by physical activities like lifting, bending, or repetitive motions. They are some of the most common types covered by TPD benefits.
Some common musculoskeletal injuries include:
- Sprains and Strains: These involve the overstretching or tearing of ligaments (sprains) or muscles and tendons (strains) and often occur due to sudden movements, falls, or lifting heavy objects.
- Back Injuries: Spine injuries like these can include herniated discs and muscle strains. They are more frequent in physically demanding jobs and can result in significant amounts of pain and limited mobility, which can adversely impact a worker’s ability to perform their duties.
- Shoulder Injuries: Shoulder injuries, such as rotator cuff tears or tendonitis, are often the result of repetitive overhead motions or heavy lifting and can severely limit a person’s range of motion and overall strength.
Fractures
Broken bones are another common type of injury that leads to workers receiving TPD benefits.
Fractures can happen due to falls, accidents involving machinery, or being hit or crushed by heavy objects. While some of these bone breaks may heal quickly, some workers may suffer complex fractures requiring extensive medical treatment, including surgery, and significantly longer recovery times.
Repetitive Stress Injuries
These injuries develop due to a worker performing repetitive motions over long periods of time or prolonged work that puts strain on specific parts of the body.
Common job-related repetitive stress injuries include:
- Carpal Tunnel Syndrome: This happens when the median nerve, that runs through the wrist, is compressed. It most often results from repetitive hand and wrist movements, such as typing or assembly line work.
- Tendinitis: This condition causes the inflammation of the tendons. This can happen in various parts of the body, but occurs most often in the elbows (aka tennis elbow), wrists, and shoulders. Like carpal tunnel syndrome, tendinitis is typically caused by repetitive motions or overuse of a specific body part.
Occupational Illnesses
TPD benefits are also available to cover occupational illnesses that result from exposure to hazardous substances or conditions in the workplace. These illnesses can develop over time and might not be apparent immediately.
Soft Tissue Injuries
Soft tissue injuries include bruises, contusions, and minor cuts, all of which are common in many workplace settings. These injuries aren’t as severe as fractures or musculoskeletal injuries, but they can still limit a worker’s ability to perform their job, so they often make a worker eligible for temporary partial disability benefits.
Doctors and other medical professionals play a key role in TPD claims. They are responsible for assessing the severity of the injury or illness, determining the employee’s remaining work capacity, and providing expert documentation. Regular medical evaluations are required to help ensure that the worker’s condition is being monitored and that the benefits being given properly align with where they’re at in their recovery.
Employer’s Responsibilities in TPD Cases
Employers have specific responsibilities when an employee files a TPD claim. They must provide the necessary documentation to the workers’ compensation insurer and may need to accommodate the employee’s temporary work restrictions. This could involve modifying job duties, adjusting work hours, or providing alternative work assignments that align with their staff member’s current capabilities.
Challenges and Disputes Associated With Temporary Partial Disability Benefits Claims
Despite there being a measured process in place, workers filing TPD claims can face challenges. Disputes can come up over the severity of the injury, work capacity, or the determination of benefits. Employers, insurers, and employees may have conflicting opinions which can require mediation or legal arbitration.
Understanding the common issues surrounding TPD claims and seeking the help of legal professionals can help employees navigate these challenges more effectively.
Coordination with Other Benefits
Employees receiving TPD are often eligible for other types of benefits and support, such as short-term disability benefits, Social Security Disability Insurance (SSDI), or unemployment.
Coordination between these various types of benefits ensures that workers are getting the correct level of financial assistance. Understanding how each type of benefit affects the other can help employees maximize their overall support and minimize costly repayment requirements.
When temporary benefits have ended, workers may be entitled to receive benefits for permanent partial disability based on their medical standing.
Filing a Claim for These Temporary Partial Disability Workers’ Comp Benefits
Filing a TPD claim is a multi-step process. Workers need to report the injury to their employer immediately, seek professional medical attention, and then follow whatever treatment plan has been prescribed.
Once the employer receives the claim from the employee, they file it with their workers’ compensation insurer. That insurance company reviews the claim, along with the medical evidence, and determines whether a claimant is eligible for benefits and, if so, for what amount.
Clear communication and detailed documentation throughout this process are two keys to a successful claim.
The Importance of Legal Representation in TPD Claims
Navigating your way through the complexities of a TPD claim can be challenging, confusing, and sometimes even frustrating. This is why many employees benefit from legal representation.
Workers’ compensation lawyers specialize in these types of cases and provide valuable, experienced guidance to help injured and ill employees get the maximum benefits they’re entitled to. Legal representation can be especially critical when cases involve disputes or appeals.
Temporary partial disability benefits cover a wide range of workplace injuries and illnesses and are a vital part of the workers’ compensation system, providing much-needed financial support to recovering employees.
From musculoskeletal injuries and fractures to repetitive stress injuries and occupation-related illnesses, these benefits provide crucial financial support during the recovery period, allowing injured employees to regain their financial footing while allowing a smoother and safer return to work.