Temporary Partial Disability California: Do You Qualify and How It Affects Your Benefits

Estimated reading time: 20 minutes

Key Takeaways

• Temporary partial disability California (TPD) pays when you can work with medical restrictions but earn less than before; it is generally calculated at about two-thirds of your weekly wage loss, subject to legal caps.
• Basic formula: TPD weekly benefit ≈ (2/3) × (AWW − post‑injury weekly earnings), but always confirm your date‑of‑injury maximums with the state.
• Strong documentation—clear medical restrictions, complete pre/post‑injury wage records, and timely DWC‑1 filing—drives accurate payments and reduces denials.
• TPD and TTD weeks share the same statutory cap (often up to 104 weeks for most injuries); what you are paid depends on your work capacity and earnings while recovering.
• Limited-duty offers that cut hours or pay may trigger TPD; offers that pay full pre‑injury wages typically eliminate temporary disability benefits.

If you’re searching “temporary partial disability California,” you likely can do some work after a work injury but are earning less than before because of medical restrictions. Temporary partial disability California (TPD) is the workers’ comp benefit that replaces part of the wage loss while you recover and work in a limited capacity.

In this guide, we explain who qualifies, how TPD workers comp benefits are calculated (with numbers you can plug in), and how partial work affects your pay. You’ll also find checklists, template letters, and practical steps to take if benefits are delayed or denied. For an overview of temporary disability, see the State Compensation Insurance Fund’s temporary disability page and Legal Aid at Work’s temporary disability fact sheet.

Editorial note: Verify current benefit rates, maximums, and statutory timelines against official California Division of Workers’ Compensation (DWC) resources before relying on specific figures in this article.

Legal disclaimer: This is informational only and not legal advice. For case-specific guidance, consult a California workers’ compensation attorney or a DWC information officer.

What is Temporary Partial Disability (TPD) in California?

Temporary Partial Disability (TPD) is a workers’ compensation benefit paid when an injured worker can perform some work but earns less than their pre‑injury wages because of medically ordered work restrictions while still recovering (not yet at Maximum Medical Improvement—MMI). This definition aligns with guidance from the State Compensation Insurance Fund and Legal Aid at Work. Put simply, TPD applies when you are medically cleared for limited duty and your paycheck is lower as a result.

For clarity in this section and beyond, we’ll keep the primary term front-and-center: temporary partial disability California benefits help make up part of the gap between your old wage and what you currently earn within restrictions.

Related terms you’ll see

• Average Weekly Wage (AWW): The worker’s gross pre‑injury weekly earnings used to compute temporary disability benefits; may include overtime and regular bonuses when applicable (see State Fund guidance on temporary disability).
• Maximum Medical Improvement (MMI): The point when your condition has stabilized and your treating doctor declares you “permanent and stationary.”

TPD vs. PPD in one glance

• TPD pays while you’re still healing and working with restrictions—your payment is tied to actual weekly wage loss. Sources: State Fund, Legal Aid at Work.
• PPD (Permanent Partial Disability) pays after MMI based on a medical impairment rating, not on weekly wage loss (see the Philpot Law Firm overview for a plain‑English distinction).

As you move through recovery, your status may change and so will the type of benefit. We’ll connect these changes as we go—and link back to TPD workers comp benefits in the next section.

TPD Workers Comp Benefits — What You Receive and How They’re Calculated

TPD workers comp benefits replace a portion of the wage loss when you work within restrictions but earn less than your pre‑injury wage. California sources emphasize that temporary disability generally pays about two‑thirds of the relevant wage figure, subject to statewide maximums and minimums that change over time (State Fund; Legal Aid at Work).

The simplified formula

TPD weekly benefit ≈ (2/3) × (AWW − post‑injury weekly earnings)

• AWW = pre‑injury gross average weekly wage.
• Post‑injury weekly earnings = the gross wages you actually earn while working within restrictions (reduced hours and/or lower rate).
• Two‑thirds (2/3) = the standard California temporary disability rate, subject to statutory minimums and maximums for your date of injury.

Action:Verify the current maximum and minimum TD rates for your date of injury because caps change. See DWC and State Fund. Duration limits for temporary disability are set by statute (see Cal. Labor Code § 4656 at Law.justia).

Documents adjusters use and what you should gather

• Pre‑injury earnings: Pay stubs (ideally 52 weeks), W‑2, and records of regular overtime.
• Post‑injury earnings: Pay stubs, timesheets, and employer wage statements showing hours worked and pay rate.
• Medical restrictions: Treating physician’s work status reports with specific limitations and effective dates.
• Employer confirmations: Written job offers, duties, hours, and actual wages paid.

For a concise summary of temporary disability rules, see Legal Aid at Work’s fact sheet. For statutory duration limits, review Labor Code § 4656.

Worked examples with math

Example 1 (classic TPD)

• AWW = $1,200; post‑injury earnings = $600 (20 hours/week at same rate)
• Lost wages = $1,200 − $600 = $600
• TPD ≈ 2/3 × $600 = $400/week
• Total weekly income = $600 (wages) + $400 (TPD) = $1,000

Sources: State Fund and Legal Aid at Work.

Caption: “TPD workers comp benefits example — classic part‑time return.”

Example 2 (light duty at lower pay)

• AWW = $1,000; post‑injury earnings = $700 (full‑time light duty at lower pay)
• Lost wages = $300; TPD ≈ 2/3 × $300 = $200/week
• Total weekly income = $700 + $200 = $900

Same sources: State Fund and Legal Aid at Work.

Caption: “Partial work restrictions compensation — earnings offset in action.”

Note: These are illustrative; always check DWC/State Fund for the statutory maximum weekly TD rate that applies to the injured worker’s date of injury (DWC; State Fund).

Eligibility Criteria — Do You Qualify for Temporary Partial Disability?

You likely qualify for temporary partial disability California if you meet all items below.

1. Work‑related injury/illness (AOE/COE): The injury arose out of and occurred in the course of employment. Document with an incident report, date/time, location, and witness names. See State Fund’s overview of temporary disability.
2. Medical proof of partial impairment: Your physician should state you are “able to work with restrictions,” list each restriction (for example, “no lifting >10 lbs; sit/stand as needed; 4 hours/day”), and date the report. References: Legal Aid at Work, Melissa Lyons Law on temporary disability.
3. Evidence of reduced earnings: Provide post‑injury pay stubs, timesheets, and employer wage statements. Your post‑injury weekly earnings equals gross pay during restricted duty. If overtime is part of your limited duty, follow the same wage documentation rules you used for AWW.
4. Timely reporting and DWC‑1 filing: Report to your employer ASAP; complete the employee section of the DWC‑1, return it to your employer, and ask them to forward to the insurer. See the DWC’s main page for claim instructions: DWC.
5. Employer offers of limited duty (if any): Keep copies of modified job offers with tasks, hours, pay, and start date. If no suitable job is available, note the employer’s inability to provide work.
6. Role of doctor vs. adjuster: Your treating physician documents restrictions; the adjuster decides whether to pay TTD versus TPD using medical reports and wage records (see State Fund and Legal Aid at Work).

Red flags and fixes that protect your TPD

• No written medical restrictions? Ask your doctor for an updated work status report with dates and specific limits.
• Employer says you refused suitable work? Gather written communications and your doctor’s note; respond in writing to accept or explain why duties violate restrictions. (Use the acceptance/clarification template in the Template Letters section.)
• Missing wage documentation? Request an employer payroll summary in writing and provide any missing pay stubs.
• Medical dispute over work capacity? Request a QME/AME per DWC rules (see DWC Medical Unit (QME)).

To walk step‑by‑step through claim filing, see this firm’s guide on how to file a workers’ comp claim in California.

Difference Between TPD and TTD (Temporary Total Disability)

This section explains the practical and payment differences so readers can understand why their benefits type matters—put another way, the difference between TPD and TTD affects both weekly amounts and how long you can receive them (State Fund; Alvandi Group; Legal Aid).

Common scenarios

• Scenario A (move from TTD to TPD): After surgery, you are TTD. When your doctor changes your status to “4 hours/day, no lifting over 10 lbs,” and your employer offers part‑time light duty, your payments convert to TPD (see State Fund guidance).
• Scenario B (TTD continues because no suitable work): If the employer has no safe job within restrictions, TTD continues until you’re released for work or reach MMI.
• Scenario C (improper classification): If the adjuster pays TPD but your doctor states a total work restriction, ask for a QME to resolve the medical dispute (DWC Medical Unit).

For broader context about temporary disability timelines, see how long temporary disability can last in California.

Partial Work Restrictions Compensation — How Partial Work Affects Your Pay

Partial work restrictions compensation refers to how TPD benefits interact with wages earned while you work within medical restrictions—an earnings-offset approach where workers’ comp fills part of the gap between pre‑injury wages and current earnings (State Fund; Legal Aid at Work).

How the earnings offset works

1. Calculate AWW: Use gross weekly wages before the injury; include regular overtime/bonuses as appropriate.
2. Determine post‑injury weekly earnings: Use actual gross wages for limited‑duty hours and rate.
3. Compute lost wages: AWW − post‑injury weekly earnings.
4. Compute TPD: TPD ≈ 2/3 × lost wages, then check caps/minimums for your injury date.

Worked example: partial work restrictions compensation

• AWW = $1,500; post‑injury earnings = $900 (60% of prior hours)
• Lost wages = $1,500 − $900 = $600
• TPD ≈ 2/3 × $600 = $400
• Combined = $900 + $400 = $1,300/week

Sources: State Fund and Legal Aid at Work.

Practical guidance

• If you earn more in limited duty than your pre‑injury wages, TPD is zero (no wage loss to replace).
• If your employer pays full wages within restrictions, temporary disability (TTD/TPD) is not owed.
• Report all earnings accurately. Failing to report can result in overpayment recovery or fraud accusations.

For more on light‑duty and return‑to‑work limitations, see our discussion of light duty and return‑to‑work limitations.

Limited Duty / Light Duty Offers and “Limited Duty Work Injury Pay”

Limited duty (or light duty) means a temporary reassignment to tasks and hours that comply with your doctor’s written restrictions. Typical examples include reduced hours, less lifting, or moving to desk/monitoring tasks (State Fund).

What to expect from employers—and your rights

• If your employer offers work within restrictions at your pre‑injury wages, temporary disability is normally not owed because there’s no wage loss.
• If the offer is within restrictions but pays less, “limited duty work injury pay” commonly means your limited‑duty wages plus TPD to cover part of the wage gap (Legal Aid at Work).
• If the offer violates your restrictions, document it, decline in writing, get your doctor’s confirmation, and consider legal advice.

What “limited duty work injury pay” means in practice

Limited‑duty wages + TPD (when wage loss exists). For example (reusing Example 2 above):

• AWW $1,000; limited duty $700/week (lower hourly rate)
• Lost wages $300 → TPD ≈ $200
• Limited duty work injury pay = $700 + $200 = $900/week

How to evaluate an offer

• Tasks: Match each duty to your listed restriction.
• Hours: Compare to pre‑injury hours; project weekly earnings.
• Pay: Compare hourly rate and total weekly wages to AWW.
• Documentation: Ask for a written job description, schedule, rate, and start date.

Need to respond in writing? See the template letters section below.

How to File a Claim, Document Your Loss, and Prove Eligibility

California step‑by‑step

1. Report the injury to your employer: Report verbally, then in writing. Note date/time, location, and any witnesses.
2. Get medical care and identify a primary treating physician (PTP): Tell the provider it is work‑related; ensure the doctor documents that status.
3. Complete and return the DWC‑1 claim form: Fill the employee portion, return to your employer, request a copy, and confirm the employer forwards it to the insurer. See DWC for DWC‑1 guidance.
4. Collect written work status after each visit: Ask your doctor to specify full duty, TTD (off work), or TPD (restrictions), with dates and limits.
5. Gather wage documentation: Pre‑injury pay stubs (ideally 52 weeks), W‑2s, regular overtime/bonus evidence; post‑injury pay stubs, timesheets, and any job offers.
6. Respond to insurer requests promptly: Keep copies of everything you send/receive.
7. Monitor benefit letters: The insurer should explain the type of benefit (TTD or TPD), the weekly rate, and how it was calculated (State Fund).

For a deeper walkthrough of forms and timing, see our guide to filing a California workers’ comp claim and our explainer on temporary disability in workers’ compensation.

Documentation checklist

• Medical: Initial report, treating physician notes, and work status reports showing restrictions (TPD).
• Wage records: Pre‑injury pay stubs (up to 52 weeks), W‑2, overtime/tips; post‑injury pay stubs and timesheets.
• Employer communications: Written limited‑duty offers (tasks, hours, pay), HR emails, and policy summaries.
• Claim forms: Completed DWC‑1 (employee copy), insurer letters granting/denying benefits and calculation explanations.
• Communications log: Dates/times of calls, names of adjusters/HR, summary of conversations.

Sample email to employer

Subject: Workers’ Compensation – DWC‑1 & Payroll Summary

Hello [HR/Manager Name],

I have completed the employee section of the DWC‑1 form for my work injury on [date]. Please confirm receipt and that the form is forwarded to the insurance carrier today. Also, please provide a payroll summary (with hours and gross pay) for the 52 weeks preceding my injury and for all weeks since the injury to assist with temporary disability calculations.

Thank you,

[Your Name]

What if Benefits Are Denied or Disputed?

If your TPD workers comp benefits are denied, reduced, or stopped:

1. Ask for a written explanation and the documents used (medical reports, wage data). Identify the exact reason cited.
2. Fix gaps quickly: Request updated medical restrictions; submit any missing pay stubs or employer wage confirmations.
3. Medical disputes: Request a QME/AME under DWC rules (DWC Medical Unit).
4. Formal filings: If needed, file an Application for Adjudication of Claim and pursue a hearing at the WCAB (Workers’ Compensation Appeals Board).
5. Prepare evidence: Keep current work status reports, wage records, and proof of employer job offers.
6. Consider legal help: Particularly if benefits are repeatedly denied/cut off, wage loss is large, or fraud is alleged.

For statewide resources, see State Fund, the DWC information and assistance pages, and the WCAB for filing logistics. For QME tips, review our explainer on what a QME is and how it affects your case.

Return-to-Work & Transitioning Off TPD

TPD ends when one of the following occurs:

• Return to pre‑injury wages: Tell the adjuster when you’re back at full pay; confirm the end date of TPD in writing.
• Maximum Medical Improvement (MMI): At MMI (“permanent and stationary”), temporary disability stops; you may be evaluated for permanent disability.
• Statutory time limit: Combined TTD + TPD typically capped at up to 104 weeks within the statutory period for most injuries (see Labor Code § 4656 and State Fund).

If you cannot return to your previous job at full capacity, ask about vocational options (such as supplemental job displacement vouchers) and where to find more on the DWC site: DWC. As you transition off TPD, confirm your final rate letter, ask about permanent disability evaluation, and check whether job displacement benefits apply to your situation.

For a practical look at balancing work during recovery, see our resource on working while on workers’ comp in California.

Common Questions / FAQ

Will TPD reduce my long‑term benefits?

TPD counts toward your total temporary disability cap (e.g., up to 104 weeks for most injuries). It does not automatically reduce permanent disability; however, reaching the cap ends temporary payments (State Fund; Labor Code § 4656).

Can I refuse limited duty?

If suitable and at pre‑injury wages, refusing can jeopardize temporary disability. If unsafe or outside restrictions, document why, get a doctor’s note, and respond in writing.

How long can I receive TPD?

TTD and TPD combined are usually limited to up to 104 weeks for most injuries, with some exceptions for specific conditions (State Fund; Labor Code § 4656).

Do I need an attorney?

Not always. Consider legal help if benefits are denied/underpaid, the employer pressures you to violate restrictions, or if you face complex medical disputes or fraud allegations.

What if my employer ignores restrictions?

Document everything, get restrictions in writing, and share them with HR/your supervisor. If necessary, notify the adjuster and consider legal counsel.

Can I work a second job while on TPD?

Yes, but all income must be reported. TPD is an earnings offset—additional income will reduce TPD. Failing to report can lead to overpayment recovery or fraud allegations.

How is AWW calculated?

AWW generally includes gross wages, regular overtime, and certain bonuses typical for your job (see State Fund and Legal Aid’s fact sheet for specifics).

Do I get paid for the first three days?

Often the first three days are unpaid unless you are hospitalized overnight or the disability extends beyond a certain duration, which can trigger retroactive pay (see State Fund).

Real-Life Scenarios & Sample Calculations

These snapshots show how temporary partial disability California can work in practice. For rate caps and rules, always confirm with DWC and the State Fund page.

Scenario 1 – Part‑time return with wage loss

• AWW $900; 20 hours/week at the same hourly rate = $450/week
• Lost wages $450 → TPD ≈ 2/3 × 450 = $300
• Total weekly income = $450 + $300 = $750

Documents to gather: Current work status report, post‑injury pay stubs, employer schedule, and timesheets. Next step: Ask the insurer for a written rate explanation showing AWW, post‑injury earnings, and caps (Legal Aid at Work).

Scenario 2 – Employer ignores restrictions

Your doctor says “4‑hour shifts, no lifting over 15 lbs,” but your employer orders full‑time heavy lifting. You notify them in writing, attach your restrictions, and decline unsafe tasks. If no suitable work is offered, you may qualify for TTD rather than TPD (State Fund). Next step: Request updated work status and, if disputed, a QME exam (DWC QME).

Scenario 3 – Accepting lower‑pay limited duty

• AWW $1,100; light‑duty wage $800
• Lost wages $300 → TPD ≈ $200
• Total weekly = $800 + $200 = $1,000

Documents to gather: Light‑duty offer (tasks/hours/rate), post‑injury pay stubs, physician restrictions. Next step: Confirm the adjusted TPD rate in writing and diarize your next medical re‑evaluation (Legal Aid at Work).

Resources and Next Steps

Authoritative links:

• California Division of Workers’ Compensation (DWC)
• State Compensation Insurance Fund – Temporary Disability
• Legal Aid at Work — Temporary Disability fact sheet
• Law.justia – Section 4656 (statutory limits)
• WCAB district info

Next steps to consider:

• Schedule a visit with your treating doctor to obtain updated, written work status (restrictions, dates).
• Gather 52 weeks of pre‑injury pay stubs if possible; keep organized records of post‑injury pay and hours.
• If benefits are denied or unclear, request the insurer’s calculation in writing and consult a DWC information officer or experienced counsel.

If you are unsure whether you qualify for temporary partial disability California, review your restrictions, compare pre/post earnings, and ask for a written rate breakdown from the insurer.

Template Letters (please read before using)

Important disclaimer: These templates are for general information only, not legal advice. Edit carefully for your facts and have a California workers’ compensation attorney or a DWC information officer review before sending.

Template 1 — Notifying employer of work restrictions (copy/paste)

Subject: Work Restrictions and Request for Modified Duty

Dear [Employer/HR Name],

I sustained a work‑related injury on [date]. My treating physician, Dr. [Name], has assigned temporary work restrictions effective [date]. These restrictions include: [list restrictions, e.g., “no lifting over 15 lbs, no standing more than 2 hours, 4‑hour shifts”].

I am willing to return to work within these restrictions. Please let me know if you can provide suitable modified or limited duty work and what the hours and pay will be.

I have attached my doctor’s work status report for your reference.

Sincerely, [Your Name] [Job Title] [Contact Information]

Template 2 — Disputing denial or reduction of TPD (copy/paste)

Subject: Request for Reconsideration of Temporary Partial Disability Benefits

Dear [Adjuster Name],

I am writing regarding my workers’ compensation claim, Claim No. [number]. On [date], I received your letter denying/reducing my temporary partial disability (TPD) benefits.

I respectfully request reconsideration. I remain under temporary work restrictions from my treating physician, Dr. [Name], dated [most recent report date], which limit me to [describe restrictions]. Because of these restrictions, my current weekly earnings are [amount], which is less than my pre‑injury average weekly wage of [amount].

Enclosed are copies of my recent pay stubs and my doctor’s work status reports supporting my continued partial disability and wage loss.

Please provide a written explanation of how my temporary disability benefits have been calculated and advise whether any additional information is needed to reassess my eligibility for TPD benefits.

Sincerely, [Your Name] [Contact Information]

Designer and developer notes (optional)

• Comparison table: “TPD vs TTD” (caption: “difference between TPD and TTD”). Alt text suggestion: “Comparison table showing difference between TPD and TTD in California.”
• Small tables for examples: Include captions featuring “TPD workers comp benefits” and “partial work restrictions compensation.”
• Flowchart (text description): Injury → Report to employer → DWC‑1 filed → Medical evaluation & work status → If no work available → TTD / If partial work + wage loss → TPD → Ongoing updates → Full wages or MMI or dispute (WCAB).
• Schema recommendations for devs: Consider FAQ and HowTo schema (HowTo name: “Temporary Partial Disability California — How to File and Calculate Benefits”).

Conclusion

TPD bridges the gap between what you earned before your injury and what you can safely earn during recovery. To maximize the chance of accurate payments, anchor your claim with strong medical restrictions, precise pre/post‑injury earnings, and prompt, written communication. If your benefits are misclassified or underpaid, request calculations in writing, correct missing documents, and use the QME/WCAB pathways to resolve disputes. Whether you return gradually to full wages or reach MMI and transition to permanent disability, the same fundamentals—clear evidence, timely action, and careful documentation—help protect your income and your recovery.

Need help now? Get a free and instant case evaluation by Visionary Law Group. See if your case qualifies within 30-seconds at https://eval.visionarylawgroup.com/work-comp.

FAQ

How is TPD different from TTD in California?

TPD pays when you can work within restrictions but earn less than before (based on wage loss), while TTD pays when you cannot work at all (based on AWW). Both count toward the same temporary disability cap; see State Fund and Labor Code § 4656.

What is the basic formula for TPD?

TPD weekly benefit ≈ (2/3) × (AWW − post‑injury weekly earnings), subject to statutory caps for your date of injury. Confirm rates at the DWC and State Fund.

What documents do I need to prove TPD?

Written work restrictions, pre‑injury pay information (pay stubs/W‑2/overtime), and post‑injury wage records (pay stubs/timesheets). If something is missing, request a payroll summary in writing from your employer.

What happens when I hit the 104‑week cap?

Temporary disability (TTD+TPD combined) generally ends. If you have lasting impairment, your claim may transition to permanent disability evaluation. Details at State Fund and Law.justia § 4656.

Where can I learn more about QMEs and medical disputes?

See the DWC’s QME page for medical‑legal evaluations and timelines: DWC Medical Unit (QME). For a practical overview, read our resource on what a QME is in California workers’ comp.