If your employer put you on modified duty after a work injury — lighter tasks, fewer hours, a desk job instead of the floor — and your paycheck shrank because of it, California workers' compensation owes you the difference. That benefit is called temporary partial disability (TPD).
Most injured workers have heard of temporary total disability (TTD), the benefit that kicks in when you can't work at all. TPD is quieter, less discussed, and — based on the calls we get — badly misunderstood. This article breaks down the formula, walks through a real worked example, and explains exactly when TPD applies to your situation.
If modified work is costing you money, call (818) 794-9947 for a free review. No fee unless we win.
Quick-Answer Summary
- TPD applies when your doctor clears you for modified or light-duty work and you earn less than your pre-injury wages.
- The formula: (pre-injury weekly wage − post-injury weekly wage) × 2/3 = weekly TPD benefit.
- The cap: TPD and TTD share a single 104-week limit under Cal. Lab. Code §4656.
- TPD ends at maximum medical improvement (MMI), when you return to full pay, or when the 104-week combined cap runs out.
- Light-duty refusal can cut off your benefits — but only if the assignment is within your medical restrictions.
- You need an attorney if your employer is offering modified work that exceeds your restrictions, paying you less than the law requires, or pressuring you to return faster than your doctor allows.
TPD vs. TTD: When Each Applies
California workers' comp temporary disability benefits come in two forms.
Temporary total disability (TTD) pays when you cannot work at all. Your treating physician has taken you completely off work. Under Cal. Lab. Code §4653, TTD equals two-thirds of your average weekly wage, subject to statewide minimum and maximum rates that the DWC (Division of Workers' Compensation) adjusts each year.
Temporary partial disability (TPD) pays when your doctor clears you for some work — but only modified or light-duty work — and your employer either offers you a restricted job or you find one on your own, and that job pays less than your pre-injury wage. Under Cal. Lab. Code §4654, TPD fills two-thirds of the wage gap.
The key dividing line is your treating physician's work status report. If the report says "no work," you receive TTD. If it says "modified work" and you're earning less, you receive TPD.
If your employer offers modified work that pays less than your regular wages, you have the right to receive TPD to help cover the gap.
How TPD Is Calculated: The Formula
California's TPD formula is: (pre-injury weekly wage minus post-injury weekly wage) multiplied by two-thirds equals your weekly TPD benefit.
Written out:
(Pre-injury weekly wage − Post-injury weekly wage) × 2/3 = Weekly TPD benefit
This formula comes directly from Cal. Lab. Code §4654. The insurance carrier is supposed to calculate it automatically once you start modified duty, but errors are common — especially when your earnings vary week to week.
Temporary partial disability (TPD) in California pays you two-thirds of the difference between your pre-injury wages and what you earn on modified duty.
A few things to know about the numbers:
- "Pre-injury wage" uses your average weekly earnings in the year before your injury, the same figure used to set your TTD rate.
- "Post-injury wage" is what you actually earn each week on modified duty — not what the job title pays, not what full-time light duty would pay.
- TPD is subject to the same maximum weekly rate as TTD. If the calculated TPD benefit would exceed the statewide cap, it is cut to the cap.
- TPD is tax-free under both California and federal law for most injured workers.
Worked Example: From $1,200 to $800 in Modified Pay
Let's put the formula to work with a real-world scenario.
Marco is a warehouse forklift operator. Before his shoulder injury, he earned $1,200 per week.
His doctor cleared him for light-duty desk work — no lifting over 10 pounds. His employer offered him a data-entry position at $800 per week.
Here is Marco's TPD calculation:
Pre-injury weekly wage: $1,200
Post-injury (modified) weekly wage: $800
Wage difference: $400
TPD benefit (× 2/3): $266.67/week
So Marco earns $800 from his modified job plus $266.67 from TPD each week — a combined total of $1,066.67. He still takes a hit compared to his original $1,200, but TPD closes most of the gap.
What if Marco's modified hours vary? Say week two his employer only schedules him for 20 hours at $20/hour — he earns $400. The TPD calculation updates:
Pre-injury weekly wage: $1,200
Post-injury (modified) weekly wage: $400
Wage difference: $800
TPD benefit (× 2/3): $533.33/week
TPD is recalculated each pay period based on actual earnings. If your hours fluctuate, your TPD check should reflect that. If it doesn't, your insurer may be underpaying you.
How Long TPD Lasts
TPD and TTD share a single 104-week cap under California Labor Code Section 4656, so every week you receive either benefit counts toward that limit.
Cal. Lab. Code §4656 sets a maximum of 104 weeks of combined temporary disability — TTD and TPD together — within a five-year period from the date of injury. (An exception exists for certain catastrophic injuries, including acute and chronic hepatitis B or C, amputations, severe burns, and HIV, which can extend the cap to 240 weeks.)
This means:
- If you received 20 weeks of TTD and then transitioned to modified duty, you have 84 weeks of TPD remaining (assuming no catastrophic injury exception).
- Every week of modified-duty TPD burns down the same counter.
- Once you hit 104 combined weeks, temporary disability payments stop — even if you haven't reached maximum medical improvement.
This is why transitions from TTD to TPD deserve close attention. The clock doesn't reset when your work status changes.
TPD and Light-Duty Offers: What You Need to Know
Your employer is permitted — and in their financial interest — to offer you modified or light-duty work. Accepting a valid light-duty offer triggers the shift from TTD to TPD.
Three conditions must be true for a light-duty offer to be valid:
- The job must be within your current medical restrictions as stated by your treating physician.
- The work must be available at your employer's location — not a hypothetical future position.
- The offer must be made in writing (best practice, though not always legally required).
You do not have to accept a light-duty assignment that your treating physician has not approved — and refusing work your doctor has cleared can affect your benefits.
If you refuse a valid, within-restriction light-duty offer, the insurer can reduce or stop your TTD payments under Cal. Lab. Code §4658. This is one of the most common ways injured workers accidentally cut off their own benefits.
If the modified job your employer offers is outside your medical restrictions, you may be entitled to full temporary total disability instead of partial benefits.
What to do when you get a light-duty offer:
- Read the job description carefully and compare it to your doctor's written restrictions.
- If anything in the description exceeds your restrictions, write down the specific conflict and bring it to your treating physician at your next appointment.
- Do not sign any return-to-work document until you've confirmed medical approval.
- Call us at (818) 794-9947 if your employer is pressuring you to accept duties beyond what your doctor cleared.
When TPD Ends
TPD ends when you reach maximum medical improvement, return to your full pre-injury wage, or exhaust the 104-week combined cap.
TPD payments stop when any one of the following happens first:
1. You reach maximum medical improvement (MMI). MMI, sometimes called "permanent and stationary" status in California workers' comp, means your treating physician has determined that your condition is unlikely to improve further with continued treatment. Once you reach MMI, the temporary disability period ends and you transition to a permanent disability (PD) evaluation — a separate benefit.
2. You return to your full pre-injury wage. If your modified-duty pay equals or exceeds your pre-injury weekly earnings — because you received a raise, your hours increased, or you transitioned to a different role — the wage gap closes and TPD drops to zero.
3. You exhaust the 104-week combined cap. As discussed above, once TTD + TPD combined hits 104 weeks (or 240 weeks for qualifying catastrophic injuries), payments stop.
4. Your physician returns you to full duty. If your doctor clears you for all pre-injury work without restriction, there is no longer a medical basis for modified duty and TPD ends.
After TPD ends, your case typically moves into the permanent disability phase. That is a different calculation with different rules — and often a much larger dollar figure. For an overview of how the full claims process works, visit our workers' compensation practice area page.
When You Need an Attorney
TPD math looks simple on paper. In practice, insurers make calculation errors, employers offer duties that exceed restrictions, and workers lose weeks of benefits without realizing it.
Call (818) 794-9947) if:
- Your employer offered modified work and your insurer hasn't started TPD payments.
- Your TPD check is lower than the formula above produces.
- Your employer's light-duty offer describes tasks your doctor never cleared.
- Your employer is pressuring you to return to full duty before your doctor releases you.
- You're approaching the 104-week cap and haven't reached MMI.
We've recovered over $150,000,000 for injured California workers. TPD underpayments are one of the most consistent ways insurers shortchange workers who haven't hired representation. A 20-minute call costs you nothing — the number again is (818) 794-9947. No fee unless we win.
Frequently Asked Questions
What is temporary partial disability in California?
Temporary partial disability (TPD) is a California workers' compensation benefit that pays two-thirds of the difference between your pre-injury wage and what you earn on modified or light-duty work. It is governed by Cal. Lab. Code §4654 and applies when your doctor clears you for some — but not all — of your pre-injury work duties.
How is TPD calculated in California?
The formula is: (pre-injury weekly wage − post-injury weekly wage) × 2/3 = weekly TPD benefit. For example, if you earned $1,200 per week before your injury and earn $800 per week on modified duty, your TPD benefit is ($1,200 − $800) × 2/3 = $266.67 per week.
How long can I receive TPD in California?
TPD and TTD together are capped at 104 weeks within five years of your injury date under Cal. Lab. Code §4656. Certain catastrophic injuries extend this to 240 weeks. Every week of TTD you received before transitioning to modified duty counts against the same 104-week total.
Can I receive both TPD and wages at the same time?
Yes. TPD supplements your modified-duty wages — it does not replace them. You receive your employer's paycheck for the hours you work and a separate TPD payment from the workers' comp insurer for the wage gap.
What happens if I refuse a light-duty offer?
If your employer offers modified work that falls within your medical restrictions and you refuse it without a valid medical reason, the insurer can reduce or stop your TTD benefits. If the offered duties exceed your restrictions, refusal should not affect your benefits — but document the conflict in writing and tell your treating physician.
Does TPD affect my permanent disability benefits?
No. TPD and permanent disability (PD) are separate benefits for separate phases of your recovery. TPD covers the period while you are still improving. PD covers impairment that remains after you reach maximum medical improvement. Receiving TPD does not reduce your PD award.
What is the difference between TPD and TTD?
TTD pays when you cannot work at all — your doctor has placed you on complete work restriction. TPD pays when your doctor has cleared you for modified or light-duty work but you earn less than your pre-injury wage. Both are governed by the same 104-week combined cap.
Can my employer stop offering me light-duty work?
Yes. California law does not require an employer to create or maintain a light-duty position indefinitely. If your employer eliminates the modified role, you may revert to TTD (assuming you are still within medical restrictions that prevent full-duty work) until a position is available or the 104-week cap is reached.
Reviewed by Minas Nordanyan, CA Bar #296806 — last updated May 2026. This article is for general informational purposes only and does not constitute legal advice. For advice specific to your claim, call (818) 794-9947.
