Temporary Partial Disability Benefits
If an individual who has not reached the level of maximum medical improvement, (i.e., in a temporary disability capacity) has been released to return to some type of work within certain restrictions by his authorized treating physician, he is potentially eligible for temporary partial disability benefits. During this period of temporary partial disability eligibility, the issue is whether the claimant is able to earn at least 80% of his/her average weekly wage despite the existence of the restrictions.
If the individual is not able to earn at least 80% of his/her average weekly wage, but is able to earn something, then calculations would be made based upon the total earnings made by the injured worker. If there is no work available for the claimant within his/her restrictions either with the employer with whom the claimant was employed at the time of the accident or another employer, then the injured worker would be eligible to 64% of his/her average weekly wage. While an injured worker is in a TPD status, it is common to complete Employee Earnings Reports, or a DWC-19 form. Additionally, under certain circumstances, an injured worker in a TPD status may be obligated to document job searches.
Call Us To Learn More About Social Disability Benefits
At Christopher J. Smith, P.A., we have protected the rights of injured workers for over three decades. Contact us to schedule a free initial consultation in our Tampa office. Call 813-513-0327 or send us an email. We are proud to serve clients from West Central Florida.