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

Estimated reading time: 14 minutes

Key Takeaways

• Temporary partial disability California helps when you return to work with restrictions or fewer hours and earn less than before; benefits generally equal two-thirds of your wage loss (subject to caps).
• To qualify, you need documented medical restrictions, proof of reduced earnings, timely reporting/filing, and records about any modified-duty offers.
• TPD is different from TTD: TTD pays when you cannot work at all; TPD pays when you can work some but at lower wages.
• Benefits are subject to weekly maximums and a typical 104-week limit within five years—verify current figures and caps before relying on them.
• Accept medically suitable modified duty and claim TPD for the wage gap; refuse unsafe work that violates your restrictions and document your doctor’s objections.

Introduction

Temporary partial disability California provides wage-replacement when an injured worker can return to work with medical restrictions or reduced hours but earns less than their pre-injury wages. If your doctor clears you for limited duty and your paycheck drops, TPD workers comp benefits may bridge part of that gap while you heal. In this guide, you’ll learn eligibility rules, how TPD is calculated, how it differs from total disability, and practical steps to file or appeal, with links to authoritative sources including State Fund temporary disability guidance and a plain-language explainer of temporary partial or total disability.

We’ll also cover how modified-duty job offers affect pay, documentation checklists, real-world examples, common pitfalls, and when legal help can make the difference. The goal: clear, compassionate answers that help you regain financial stability, protect your health, and make informed choices as you recover.

Quick overview: how California treats temporary total vs temporary partial

California workers’ compensation replaces lost wages after a work injury. It distinguishes temporary total disability (TTD)—when you can’t work at all—from temporary partial disability (TPD), when you can work but your pay is reduced. The distinction affects how much you’re paid and for how long, and is core to understanding TPD workers comp benefits, partial work restrictions compensation, and limited duty work injury pay.

Authoritative primers from the State Fund, a concise TPD/TTD overview, and a practical discussion of California timelines at PLB Law frame the basics:

• TTD: Your doctor says you cannot work at all. Wage replacement is generally two-thirds of your average weekly wage (AWW), up to the weekly maximum.
• TPD: You can work with restrictions or fewer hours, and your earnings fall below pre-injury levels; payment is typically two-thirds of the wage gap (subject to caps).
• Movement between statuses: As you heal, you may shift from TTD to TPD (or vice versa) depending on medical updates and work availability.

What is temporary partial disability California?

Temporary partial disability (TPD) is paid when a treating physician assigns work restrictions that allow you to perform some work but those restrictions cause your earnings to drop below your pre‑injury average weekly wage (AWW).

TPD exists to stabilize income during recovery if light duty, reduced hours, or transitional tasks pay less than your pre-injury job. The concept is explained in everyday language by sources like Alvandi Law’s TTD vs. TPD overview, Philpot Law Firm’s TPD guide, and the State Fund’s temporary disability page.

Example: A warehouse worker who normally lifts up to 50 lbs and works 40 hours/week may, after a back injury, be limited to 20-lb lifting and 20 hours/week. If the worker’s weekly pay falls from $1,200 to $600, TPD may cover a portion of that wage loss.

TPD is temporary and ends when you recover, your wages return, you reach maximum medical improvement (MMI), or statutory duration caps are met. By contrast, permanent disability benefits address lasting impairment after MMI. For more on how California defines these phases and benefits, see the temporary partial/total disability explainer and this practical TD vs. PD benefits guide.

Who qualifies — eligibility checklist

1. Medical requirement: “A treating physician (or QME/AME when required) must document medical restrictions that prevent full pre-injury duties.” — See: temporary partial or total disability. Why it matters: TPD hinges on documented restrictions. Ask your doctor for clear work-status notes describing dates, restrictions (e.g., lifting, hours), and expected duration.
2. Proof of reduced earnings: “You must show post-injury earnings are less than your pre-injury average weekly wage (AWW) using pay stubs and employer payroll records.” — See: what is temporary partial disability. Why it matters: TPD workers comp benefits are based on the wage gap. Request payroll summaries (pre- and post-injury) and keep copies of shifts/hours worked.
3. Timing and reporting: “Report the injury promptly to your employer, file the DWC-1 claim form, and keep timelines (see DWC/State Fund guidance).” — See: State Fund temporary disability and QME/AME process and temporary disability factsheet. Why it matters: Late reporting risks delays or denials. Deliver a written injury report and file a DWC‑1 promptly. Track every deadline.
4. Employer modified-duty offers: “You are generally not eligible for TPD if your employer offers work paying the same pre-injury wages.” — See: State Fund temporary disability. Why it matters: If pay matches pre-injury wages, TPD typically doesn’t apply for that period. Confirm duties match restrictions and keep the offer in writing.

Documents to collect

• “Doctor’s notes and work‑restriction forms (include dates and specific restrictions).”
• “Pre-injury pay stubs (last 4–12 weeks) to calculate AWW.”
• “Post-injury pay stubs showing reduced hours/pay.”
• “Employer job offer letters or written modified-duty descriptions.”
• “Correspondence with insurer or employer about offers/denials.”

Tip: Organize these chronologically in a claims folder. If you haven’t filed yet, this step-by-step guide to filing a workers’ comp claim in California walks through reporting, forms, and timelines.

How TPD workers comp benefits are calculated

Conceptual formula (California): “TPD = two‑thirds (2/3) of the difference between your pre‑injury average weekly wage (AWW) and your post‑injury earnings, subject to California’s temporary disability maximum weekly benefit.”

That formula reflects California’s approach to partial wage loss and is framed in consumer sources like Alvandi Law, Philpot, and State Fund. Actual payment amounts must also respect the weekly maximum (and minimum) established for the injury year.

Verification note (for editor/legal review): “Verify current AWW caps, temporary disability maximum weekly benefit, and statutory references (e.g., Labor Code §4656 and DIR/DWC pages). Link to authoritative pages for exact caps.” See the Department of Industrial Relations, the California Division of Workers’ Compensation, and the practical overview on how long temporary disability can last.

Numeric examples

Example 1 — Reduced hours

• Pre-injury AWW = $1,200
• Post-injury earnings = 20 hours × $30/hour = $600
• Wage difference = $1,200 − $600 = $600
• TPD benefit = 2/3 × $600 = $400 per week

Sources: TTD vs. TPD overview and State Fund guidance

Example 2 — Lower-paying limited duty

• Pre-injury AWW = $1,000
• Post-injury light-duty pay = $700
• Wage difference = $300
• TPD benefit = 2/3 × $300 = $200 per week

Sources: Philpot on TPD and State Fund guidance

Caps and duration: “TPD payments are subject to California’s temporary disability weekly maximum and typically can continue up to 104 weeks within five years of injury — verify current numbers before publishing.” See: duration overview and a practical TD vs. PD guide.

Scenario	Pre-Injury AWW	Post-Injury Earnings	Wage Difference	TPD Benefit (⅔ of Difference)
Reduced hours	$1,200	$600	$600	$400/week (source 1; source 2)
Lower-paying duty	$1,000	$700	$300	$200/week (source 1; source 2)

Note: Check the California Division of Workers’ Compensation for current weekly caps and annual adjustments.

For broader math context (AWW, disability rates, and settlement valuation) see this primer on calculating a California workers’ comp settlement and our comprehensive benefits guide.

Partial work restrictions compensation & limited duty work injury pay — employer offers and effects on pay

Definitions

• Partial work restrictions compensation: TPD payments that make up a portion of the wage gap caused by medically required restrictions.
• Limited duty work injury pay: Employer-provided modified or limited-duty work that complies with medical restrictions but may pay less than pre-injury wages.

How employer offers interact with benefits (rules):

• “If the employer offers suitable modified duty that matches your doctor’s restrictions, you should accept it; you can still claim TPD for the wage difference.”
• “If the employer refuses to offer modified work, you may be eligible for the full TPD entitlement — keep written records of refusal.”
• “If the employer offers work that pays the same as pre-injury wages, TPD is generally not payable for that period.”

Supporting references: practical TPD basics from Philpot and the State Fund; return-to-work and safety considerations in a California TD/PD guide.

Example calculation (modified duty at lower pay): Employer offers limited duty at $800/week; pre-injury AWW = $1,200. Wage difference = $400. TPD = 2/3 × $400 = $266.67/week (subject to cap). See context at Philpot and State Fund.

When to accept or refuse limited duty: Accept if duties conform to restrictions and are medically safe. Refuse if the work violates restrictions or would cause further injury — document doctor’s objections in writing (see practical guidance in this California TD/PD guide).

Related reading: how to manage timelines and expectations in how long California benefits can last and what happens later in life after 104 weeks of TD.

Difference between TPD and TTD

One-line definitions

• TTD (Temporary Total Disability): You cannot work at all; compensation generally equals 2/3 of your AWW (subject to caps).
• TPD (Temporary Partial Disability): You can perform some work but earn less than your pre‑injury AWW; compensation equals 2/3 of the wage difference.

Feature	TTD	TPD
Definition	No work possible; 2/3 AWW up to caps (TPD/TTD explainer; State Fund guidance)	Some work allowed; 2/3 of wage gap (State Fund)
Eligibility trigger	Doctor says unable to work	Doctor says you can work with restrictions; reduced earnings documented (Philpot)
Calculation	2/3 of AWW (caps apply)	2/3 × wage gap (caps apply)
Duration	Commonly up to 104 weeks within five years (PLB Law)	Often similar limits (verify specifics; see PLB Law)
Typical scenario	Immediate post-surgery recovery	Light duty or reduced hours while healing

Key differences (in plain bullets):

• Eligibility triggers: doctor’s statement “unable to work” (TTD) vs. “can work with restrictions” (TPD).
• Benefit calculation: 2/3 AWW for TTD vs. 2/3 × wage gap for TPD.
• Duration and scenarios: Both often share a similar max-week framework; claims can shift from TTD to TPD as recovery progresses (learn how long benefits can last and verify on California DWC pages).

Interaction with other benefits and offsets (SDI, PTO, sick leave)

• “Check with your claims administrator whether State Disability Insurance (SDI), paid sick leave, or PTO will offset workers’ comp TPD payments — rules vary.” Practical return-to-work and coordination considerations are discussed in this guide and State Fund’s page.
• “TPD usually does not change your future permanent disability rating, but limited-duty acceptance and settlement decisions can affect final payouts.” See the California TD/PD guidance.
• “If you receive other wage replacement, record amounts precisely and ask insurer how those payments interact with TPD to avoid overpayment issues.” Keep your stubs and correspondence in your case file.

If you’re mapping the bigger picture of medical and wage benefits, this medical coverage guide and our overview of workers’ compensation benefits can help.

Duration, caps, and statutory timelines

“TPD coverage typically lasts while medically necessary wage loss exists and is subject to the statutory limit (commonly up to 104 weeks within five years of injury). Verify current figures in California Labor Code and DIR/DWC guidance before publishing.” See PLB Law on TD duration, Employees First TD/PD guide, and official pages at the Division of Workers’ Compensation and the Department of Industrial Relations.

Statutory reference for review: Labor Code §4656 (benefit limits). Editorial note for legal reviewer: Confirm current TD/TPD cap weeks, weekly maximums/minimums, and any recent legislative updates before finalizing.

Curious how these limits affect your overall claim arc? This primer on how California workers’ comp works explains benefits and timelines end-to-end.

How to file and what to expect — step-by-step

1. “Report the injury to your employer immediately (verbal and written recommended).” Mention the date, time, location, and body parts affected.
2. “Seek medical evaluation and obtain written work restrictions from your treating physician.” Ask for a work-status form that clearly lists restrictions and duration.
3. “Employer should provide DWC-1 (Employee Claim Form). Fill it out and submit to the employer/insurer — keep a copy.” — See the California Division of Workers’ Compensation for forms and instructions.
4. “The insurer will accept and begin payments or issue a denial with reasons.” Keep all explanation-of-benefits letters and payment statements.
5. “If denied, request a QME/AME evaluation or file an appeal with the Workers’ Compensation Appeals Board (WCAB).” — Learn about the QME/AME process and see State Fund’s overview.

Additional self-help resources: a concise how-to file guide, and—if your claim stalls—what to do when a workers’ comp adjuster isn’t responding.

Evidence & documentation checklist

• Medical reports and restrictions (date, provider name, specifics of limitations). Why: These verify medical necessity, restrictions, and duration.
• Pre‑injury pay stubs (4–12 weeks) to calculate AWW. Why: Establishes the baseline for calculating wage loss.
• Post‑injury pay stubs showing new hours/pay. Why: Proves the wage gap for TPD computations.
• Employer job offers or modified-duty descriptions (signed emails or letters). Why: Shows suitability, pay rate, and compliance with restrictions.
• All correspondence with insurer or employer (save emails, voicemails). Why: Creates a timeline and captures decisions or denials.
• Time and wage records, calendar of missed work and hours worked. Why: Corroborates earnings fluctuation and scheduling changes.

For more on what documentation smooths the path to approval, see our step-by-step claim filing guide and a practical checklist of workers’ comp documentation requirements.

Common scenarios and examples

• Light duty, same hours, lower pay. You previously averaged $1,200/week, but light duty pays $900. Wage difference: $300. TPD = 2/3 × $300 = $200/week (subject to cap). What to do next: keep pay stubs, verify restrictions match duties, and confirm TPD payments. Source: Philpot’s TPD overview.
• Reduced hours because of restrictions. Your doctor cuts you to 20 hours/week; your weekly pay drops from $1,200 to $600. Wage difference: $600. TPD ≈ $400/week (subject to cap). What to do next: collect reduced schedules and post-injury pay stubs to support the calculation. Source: TTD vs. TPD discussion.
• Employer offers full duty but you’re still restricted. If duties exceed medical restrictions, talk to your doctor, request a clarifying note, and seek a QME if there’s a dispute. What to do next: document the mismatch, keep written communications, and follow QME steps. Source: State Fund guidance.

Need a refresher on coordinating medical appointments and reports? This walkthrough on medical coverage in workers’ comp can help you prepare.

When to get legal help / next steps

Consider consulting a workers’ compensation attorney if any of the following apply:

• Insurer denies TPD or underpays benefits. You suspect the wage gap or weekly cap was misapplied, or benefits stop abruptly.
• Employer refuses suitable modified duty or retaliates. You’re pressured to do unsafe tasks, or your job is threatened after reporting.
• Dispute over AWW calculation, offsets, or settlement offers. Calculations are complex or inconsistent with your records.

What to bring to an attorney consultation: doctor records, pay stubs, employer offers/communications, DWC-1 copies, correspondence with insurer. For context on TPD and TTD, review this TPD/TTD explainer. For official forms and procedural rules, rely on the California Division of Workers’ Compensation.

Most workers’ comp attorneys work on contingency (a percentage of benefits approved by the WCAB), which can make representation accessible. Always ask about fee approvals and costs in advance.

Conclusion

To tell if you qualify: confirm your doctor’s restrictions, calculate wage loss vs pre-injury AWW, and file DWC-1. TPD workers comp benefits can replace two-thirds of the wage gap while you recover; keep documentation and appeal if denied. For official resources and forms, visit the California Division of Workers’ Compensation and see this plain-English overview of temporary partial vs. total disability.

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

Do I automatically get TPD if I go back to work part‑time?

No — you must show medical restrictions and reduced earnings; documentation matters (see TPD definition and State Fund guidance on temporary disability).

Can my employer force me to take limited duty?

They can offer it; if it’s medically suitable you should accept, otherwise document doctor objections to avoid losing benefits (see this California TD/PD guide).

How long will I get TPD benefits?

Typically up to 104 weeks while a wage loss exists; verify current limits with DIR/DWC and the Labor Code (overview at PLB Law).

Will accepting limited duty hurt future permanent disability benefits?

Not directly, but document restrictions and settlement consequences carefully; consult counsel if unsure (see TD vs. PD benefits guide).

What is the difference between TPD and TTD?

TPD pays two-thirds of the wage gap when you can work with restrictions; TTD pays two-thirds of your AWW when you cannot work at all (see TPD/TTD overview and State Fund), which clarifies the difference between TPD and TTD.