Temporary Partial Disability (TPD) workers compensation benefits in Florida are payable on three conditions. First, you must not be at maximum medical improvement (MMI). Second, you must have work restrictions that prevent you from performing your job or other jobs your employer has or finds for you. Third, you must be earning less than 80% of you average weekly wage (AWW).
Each word in “Temporary Partial Disability” is a term with legal significance. “Temporary” obviously means it is not permanent. It is expected that you are going to get better which means you are not at maximum medical improvement. “Partial” means it is not total in nature. You have been told you can work but with some restrictions caused by your work injury. “Disability” means the restrictions from your work injury cause you make less than 80% of your wages.
The workers compensation claimant has to prove each element of a Temporary Partial Disability benefits claim with medical evidence. If the workers comp claimant fails to do this, the insurance company does not have to pay Temporary Partial Disability benefits.
If the insurance company has refused to pay temporary partial disability benefits, you should contact us today so we can help you get the compensation workers deserve, it’s what we work for.