When an injury occurs on the job, you may be unable to continue working. Or you may be able to work but earn less than before. Temporary partial disability (TPD) benefits can cover the gap.
Our experienced Gastonia workers’ compensation lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain temporary partial disability benefits and what you need to know for your Gastonia, NC workers’ compensation claim.
What does TPD mean?
In North Carolina workers’ compensation, TPD stands for temporary partial disability. It’s a type of compensation available to someone with a workers’ compensation claim. It applies when a person has a partial—but not complete—loss of income due to a workplace injury.
What Is Temporary Partial Disability (TPD) in NC Workers’ Compensation?
Temporary partial disability (TPD) in NC workers’ compensation is paid when a person earns reduced income following a workplace injury. It applies when a person can work but earns less than before. Income may be limited because the person cannot work the same hours or has work restrictions.
The law for TPD in Gastonia, NC, workers’ compensation is N.C.G.S. § 97-30.
Who Qualifies for TPD Benefits in Gastonia?
You may qualify for TPD benefits in Gastonia if you:
- Are injured on the job or in the course of your employment
- Report the injury and seek workers’ compensation benefits
- Can work in some capacity following the accident
- Don’t earn the same amount that you earned before the injury
- Accept any reasonable work that falls within your restrictions
To receive benefits, you must address any disputes about eligibility. If the employer denies or underpays your claim, you may request a hearing.
Note: North Carolina workers’ compensation law (N.C.G.S. Chapter 97) applies to claims in Gastonia, NC.
How TPD Benefits Are Calculated in North Carolina
TPD workers’ compensation in North Carolina is calculated according to pre-injury wages and the amount of earnings loss, up to a weekly maximum. The person may claim 66 2/3% of the difference in their average weekly wages before and after the injury.
For example, a person earned $1,500 per week before their injury. After their injury, they earn $900 per week. They’ve lost $600 per week. The injured person can claim 66 2/3% of $600, or $400. With their earned income and TPD combined, they receive $1,300 per week until they can return to work in full capacity.
There is a maximum weekly TPD benefit, which is adjusted annually.
Typically, income over the 52 weeks preceding the date of injury is averaged to determine the weekly wage. But there are exceptions if this method doesn’t produce a fair result.
Difference Between TPD and Temporary Total Disability (TTD)
Key differences between temporary partial disability and temporary total disability in North Carolina include the following:
- Temporary partial disability is when the person can still work in some capacity. In temporary total disability, the person cannot work at all.
- Work restrictions can be a key dispute in TPD benefits. For TTD, the person is unable to work in any capacity.
- TPD pays the difference between pre-injury and current earnings, while TTD pays based on the person’s total pre-injury wages.
There are also several key similarities:
- Both payments are temporary. There is a 500-week payment maximum. Benefits end when the person returns to work.
- You may contest an order to return to work and the termination of your benefits.
- Medical benefits may continue even after you return to work.
- Refusal to accept suitable work may terminate your benefits.
- A maximum amount applies to both types of awards.
For both TPD and TTD, you must accept suitable employment if it is offered. N.C.G.S. § 97-2(22) explains when work is suitable. Before Maximum Medical Improvement (MMI), work must be within work restrictions. After MMI, the employee must be capable of the work, and it must be offered within 50 miles of the employee’s home. No single factor is sufficient to determine if employment is suitable.
How Long Can You Receive TPD Benefits?
You can receive TPD benefits for up to 500 weeks in North Carolina. You must continue to qualify based on earning reduced income, following medical care directives, and meeting other requirements.
If you receive temporary total disability compensation, those weeks are deducted from your 500-week maximum allotment.
Trial return to work period
When a worker is unsure if they can do a job, they may have a trial return to work period. North Carolina workers’ compensation rules allow for trial work periods. NC.G.S. § 97-32.1 says that an employee may attempt to return to work for up to nine months while maintaining their right to benefits. They may receive partial disability while on a trial return to work. If unsuccessful, the worker may again claim benefits to which they are otherwise entitled.
Common Disputes in TPD Workers’ Compensation Claims
Common disputes in TPD workers’ compensation claims include:
- Calculation of the person’s average weekly wage
- Appropriate work restrictions, whether the work offered is suitable
- Determination of benefits when a person has more than one job
- Whether the inability to work is full or partial
- If working will interfere with medical care
- Reclaiming benefits following a trial return to work period
- The insurance company’s refusal to pay TPD benefits
- Disputing whether the injury is work-related
- Conflicting medical evidence about the nature and severity of the injury
- Whether the worker complied with the requirements to receive benefits
A lawyer can represent you and protect your rights.
How a Gastonia Workers’ Compensation Lawyer Can Help Protect Your Benefits
Horton & Mendez, Injury & Car Accident Attorneys, investigate the incident, provide legal advice, and advocate for our clients in Gastonia, NC, and the surrounding regions. We can assist you with a workers’ compensation claim involving temporary total disability benefits.
Our lawyers identify how to maximize your compensation, explain what you need to do, and gather the evidence to prove your case.
To have a lawyer on your case as early as today, call or message us now.
