If you’re earning less after an injury at work, TPD benefits may be able to help cover the difference
Getting hurt on the job doesn’t always mean you’re completely unable to work. Depending on your injury, you may be able to do lighter duties or work fewer hours while you heal, but that usually means a smaller paycheck.
Fortunately, when a work-related injury or condition forces a Georgia employee to earn less than they did before, temporary partial disability (TPD) benefits can help fill the gap.
In this article, we’ll explain when workers are eligible for TPD benefits in Georgia, what kinds of injuries and occupational diseases qualify, how payments are calculated, and the steps you need to take to apply.
If you’re recovering from a work injury and struggling to get the workers’ comp benefits you deserve, don’t hesitate to schedule a free consultation with the experienced Atlanta work injury attorneys at Gerber & Elkins. We’re ready to fight so you don’t have to!
Can you get temporary disability in Georgia after a work injury?
In most cases, yes. If you’re hurt or get sick because of your job in Georgia, there’s a good chance you can get temporary disability benefits through workers’ comp. These benefits are a type of indemnity benefit that replaces a portion of your lost wages while you recover.
Who’s eligible for temporary disability in Georgia?
Most Georgia workers are covered as long as they’re employees (not independent contractors) who work for an employer who has at least 3 employees.
Do I have to prove the injury is my employer’s fault?
No. Workers’ comp is designed to help you while you heal, and it doesn’t matter who or what caused the injury or occupational disease. It only matters that your injury, illness, or condition is directly related to your work or work environment.
In Georgia, workers who are temporarily unable to work may qualify for one of two types of temporary disability benefits—temporary total disability (TTD) or temporary partial disability (TPD)—depending on the extent of their injury or disease.
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What is the difference between TTD and TPD benefits?
The main difference between temporary total disability (TTD) and temporary partial disability (TPD) benefits is whether you can work at all while you recover—and how much money you can receive.
- Temporary total disability (TTD) benefits are for workers who cannot work at all because of their injury or illness. If you qualify for TTD benefits, you’ll generally receive two-thirds (about 66.67%) of your average weekly wage, up to a maximum amount set by Georgia law (currently $800 per week as of July 2023).
- Temporary partial disability (TPD) benefits are for workers who are able to return to work after an injury but are earning less than they did before—often because their injuries require them to work fewer hours or take lower-paying, light-duty positions. This usually requires a work restrictions letter from a doctor. With TPD benefits, you’ll receive two-thirds of the difference between what you used to earn and what you’re earning now. These benefits are capped at a lower maximum amount (currently $533 per week).
Here’s an example: Let’s say a construction worker injures his back on the job and, after a few weeks, is cleared to return to limited work—only part-time and doing lighter tasks.
Before the injury, he earned $1,200 per week before taxes. After returning to light-duty work, he now earns $600 per week.
His weekly TPD benefits would be calculated this way:
- Step 1: Find the difference between his pre-injury and post-injury wages: $1,200 – $600 = $600
- Step 2: Multiply that difference by two-thirds (0.6667): $600 × 0.6667 = $400
So, this worker would receive $400 per week in TPD benefits to help make up for his lost income while he recovers. Please note that, unlike earned income, TPD benefits are not taxed, so he would get to keep the total TPD payment of $400 per week.
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What conditions qualify for partial disability under Georgia workers’ comp?
In general, any work-related injury, illness, or disease that reduces your ability to perform your regular job duties or lowers your earning capacity may qualify for temporary or permanent partial disability benefits under Georgia workers’ compensation law.
Some conditions that commonly qualify include:
- Back and neck injuries (such as whiplash, herniated discs, and chronic lower back pain)
- Knee injuries (like torn ligaments or meniscus damage)
- Hand and finger injuries (such as degloving injuries and dislocations)
- Foot and ankle injuries (including fractures and plantar fasciitis)
- Hip injuries (such as labral tears, bursitis, or chronic pain after a pelvic fracture)
- Carpal tunnel syndrome, tendonitis, and other repetitive stress injuries from overuse
- Vision loss or impairment from chemical exposure or eye injuries
- Shoulder injuries (including rotator cuff tears, frozen shoulder, and shoulder dislocation)
- Occupational lung diseases (such as asthma, COPD, or pneumoconiosis)
- Crush injuries, including amputations and fractures resulting in total or partial loss of use of a hand, foot, or limb
- Chronic pain conditions (such as complex regional pain syndrome)
- Burn injuries that cause lasting restrictions in movement or strength
- Hearing loss caused by long-term exposure to loud noise or ototoxic chemicals
Important:
To get workers’ comp to cover these or other work injuries or conditions, you’ll need to follow the steps to file a workers’ comp claim, including reporting your injury to your employer within 30 days and seeking medical care from an employer-approved doctor.
How long can I get TPD benefits in Georgia?
In Georgia, you can receive temporary partial disability (TPD) benefits for up to 350 weeks from the date of your injury, as long as you’re still healing and earning less because of your work restrictions.
If you reach maximum medical improvement (MMI)—meaning your condition is not expected to get better—but you still can’t return to your full-time job, you may become eligible for permanent partial disability (PPD) benefits instead. PPD benefits can help support you if you have lasting limitations that continue to affect your ability to earn what you did before the injury.
If you’re getting close to the 350-week mark and still struggling to return to full-time work, it’s a smart idea to touch base with a local Georgia workers’ compensation lawyer. They can help you understand your options and plan for what comes next.
Need help getting Georgia workers’ comp benefits after an injury?
Recovering from a work injury is hard enough—you shouldn’t have to fight for your benefits on top of it. At Gerber & Elkins, we’re proud to be a trusted ally for injured workers across Georgia. With over 100 years of combined experience, our knowledgeable Atlanta workers’ compensation lawyers know how to handle complex claims, stand up to insurance companies, and make sure no detail is overlooked.
Whether you’re just starting your claim, facing reduced hours, or unsure about your next steps after reaching maximum medical improvement, our team is here to guide you and fight for the benefits you deserve.
Get started today by scheduling a free, no-obligation consultation with Gerber & Elkins Workers’ Compensation Attorneys.
