How Light Duty Affects Your Temporary Partial Disability Benefits in Virginia Workers’ Compensation
If you have been injured on the job in Virginia and your employer offers you a workers’ compensation light duty position that pays less than your pre-injury wages, you need to understand how temporary partial disability (TPD) benefits work. Many injured workers accept light duty jobs without realizing they may be entitled to additional compensation to help bridge the gap between their old paycheck and their new, lower earnings.
As a workers’ compensation lawyer in Roanoke, I want to make sure you understand your rights when it comes to workers’ compensation light duty in Virginia and how it affects your benefit payments.
What Is Temporary Partial Disability (TPD)?
Temporary partial disability is a type of workers’ compensation wage benefit available when an injured worker returns to work but earns less than they did before the injury. Under Virginia Code § 65.2-502, TPD benefits are calculated as two-thirds (66.67%) of the difference between your pre-injury average weekly wage and your post-injury earning capacity.
For example, if you earned $900 per week before your injury and your light duty position pays $500 per week, the difference is $400. Two-thirds of $400 is approximately $267. So you would receive $500 in light duty wages plus $267 in TPD benefits, for a total of $767 per week.
How Light Duty Triggers the Shift from TTD to TPD
When you are completely unable to work due to your injury, you receive temporary total disability (TTD) benefits — typically two-thirds of your pre-injury average weekly wage. Once you return to light duty and begin earning some wages, your benefits generally shift from TTD to TPD, assuming the light duty job pays less than your pre-injury wage.
This transition is significant because your total income (light duty wages plus TPD benefits) will almost always be less than your TTD benefits were. This is an important factor to weigh when deciding whether to accept a light duty offer.
What If Light Duty Pays the Same as Your Old Job?
If your employer offers a light duty position that pays the same hourly rate and provides the same number of hours as your pre-injury job, you will likely not receive any wage loss benefits. Because there is no gap between your pre-injury and post-injury earnings, there is no wage loss for workers’ compensation to cover.
However, keep in mind that even if your TTD or TPD benefits stop, your employer’s workers’ compensation insurance is still responsible for covering your ongoing medical treatment related to your work injury.
What If Your Light Duty Hours Are Reduced?
Some light duty positions involve fewer hours than your pre-injury job. If your doctor restricts you to four hours per day instead of your usual eight, and your hourly rate stays the same, you are earning roughly half of your pre-injury wages. In that scenario, you would be entitled to TPD benefits to compensate for the lost hours.
The calculation would look at your actual light duty earnings compared to your pre-injury average weekly wage, and TPD would cover two-thirds of the difference.
Beware of Light Duty Offers Designed to Minimize Benefits
Some employers strategically craft light duty offers to pay the same wage as your pre-injury job, even if the position has no real substance. By matching your old pay rate, they eliminate your entitlement to wage loss benefits entirely. If the job is a made up light duty position that exists solely to cut off your benefits, this tactic may be challengeable before the Virginia Workers’ Compensation Commission.
How Long Do TPD Benefits Last?
Under Virginia law, TPD benefits are subject to the same 500-week maximum that applies to temporary total disability benefits. The 500-week clock starts from the date of your injury, and the total combined weeks of TTD and TPD cannot exceed 500 weeks. After 500 weeks, you may still be entitled to permanent partial disability or other benefits depending on your condition.
What Happens If Your Light Duty Position Ends?
If you are working light duty and the position is eliminated — whether because your employer discontinues it, you are laid off, or you are terminated — your benefits may revert to TTD if you are still unable to perform your pre-injury job. This is an important protection: losing a light duty job does not mean losing your workers’ compensation benefits.
If your employer or the insurance company tries to cut off your benefits after a light duty position ends, consult with an attorney right away.
Make Sure You Are Getting the Right Amount
TPD calculations can be complicated, and insurance companies do not always get them right. If you are receiving TPD benefits while on light duty, make sure the calculations are based on accurate pre-injury wage information and that all sources of pre-injury income are included.
If something does not look right, or if your employer is using a light duty offer to manipulate your benefits, Lugar Injury Law can help you get what you are owed.
Contact Lugar Injury Law today for a free consultation to review your Virginia workers’ compensation light duty benefits.
