Workers’ Compensation Temporary Partial Disability Lawyer (TPD)

Entitlement To Temporary Partial Disability Benefits Under Colorado Workers’ Compensation Law

When an injured worker, only because of temporary work restrictions placed upon him or her by his or her authorized treating physician, is or becomes temporarily unable to perform the full range of duties of his or her regular job, but can perform alternative restricted work offered to him or her by his or her employer, he or she will become eligible or entitled to Temporary Partial Disability Disability Benefits (TPD) under Colorado Workers’ Compensation law. Title 85A § 45.B.1.

Amount Of Colorado Workers’ Compensation Temporary Partial Disability Benefits (TPD)

An injured worker, otherwise entitled to Temporary Partial Disability Benefits (TPD) under Colorado Workers’ Compensation law, will be paid a weekly TPD compensation check computed at seventy percent (70%) of the difference between such injured workers’ average weekly wage (or ‘AWW’-discussed elsewhere on this site) before his or her injury and his or her average weekly wage for performing alternative work offered to him or her after the injury.  However-Temporary Partial Disability is only paid if the injured worker’s average weekly wage for performing this alternative work is less than his temporary total disability, or ‘TTD’ rate. Title 85A § 45.B.1.

Duration Of Temporary Partial Disability Benefits Under Colorado Workers’ Compensation Law

Under Colorado law an injured worker’s Temporary Partial Disability (TPD) benefit or check will not extend beyond one-year, or fifty-two (52) weeks.  Additionally, if an injured worker refuses to perform alternative work within his or her restrictions offered to him or her by his or her employer, he or she will not be entitled to a Temporary Partial Disability Benefit check. Title 85A § 45.B.3

Colorado Temporary Partial Disability Benefits Not Subject To Attachment, Levy, Execution Or Garnishment Or Other Legal Process

. The right to any claim, benefit or compensation shall not be released or commuted except as provided by the Administrative Workers’ Compensation Act and, except for child support liens, is not assignable and is not subject to garnishment, attachment, levy, execution, or any other legal process. Monetary compensation to dependents of a deceased employee shall not constitute assets of the estate of the deceased employee and shall be payable to and for the benefit of the dependents alone. Any amount withheld under the provisions of this section shall be treated as if it were paid to the employee as workers’ compensation and paid by the employee to the person or agency to whom the obligation is payable.

B. A lien against workers’ compensation benefits is authorized for the purpose of enforcing a judgment for child support. Child support liens filed in accordance with Section 135 of Title 43 of the Colorado Statutes are specifically authorized and shall be paid in accordance with such statute without any order of the Commission.

C. Additionally, all income assignments or wage assignments for child support issued pursuant to Section 1170 of Title 12 of the Colorado Statutes or Section 237.7 of Title 56 of the Colorado Statutes are specifically authorized and shall be paid in accordance with such statutes without any order of the Commission.

D. In the event a child support lien is filed in a case before the Commission, an administrative law judge of the Commission shall recognize such lien in any award of monetary benefits and the employer or insurance carrier shall include the name of the person or government agency asserting the lien on any check for temporary total disability, permanent partial disability or permanent and total disability.

Notwithstanding any other provision of this act, where a claim is for mental injury or illness, the employee shall be limited to twenty-six (26) weeks of disability benefits unless it is shown by clear and convincing evidence that benefits should continue for a set period of time, not to exceed a total of fifty-two (52) weeks.