Temporary Total Disability (TTD) vs. Temporary Partial Disability (TPD) in Idaho
In Idaho, if you are injured at work, Temporary Total Disability (TTD) pays you while you are completely off work recovering, whereas Temporary Partial Disability (TPD) supplements your income if you return to work on light duty but earn less than you did before the injury. Both benefits are designed to keep you financially afloat until you reach Maximum Medical Improvement.
Understanding Idaho Workers' Compensation Wage Loss Benefits
Getting injured on the job in Idaho can turn your life upside down, especially when you are suddenly unable to earn your regular paycheck. Under Idaho workers' compensation laws, injured workers who cannot work-or who must work in a reduced capacity-are generally entitled to wage replacement benefits. These benefits are handled through the Idaho Industrial Commission, Boise and regional offices across the state, such as the Idaho Industrial Commission, Coeur d'Alene.
There are two primary types of temporary wage loss benefits you may encounter: Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). The insurance company determines which benefit you receive based on your doctor's work restrictions. Navigating these payments can be incredibly confusing, and insurance adjusters often make mistakes in calculating your Average Weekly Wage. If your checks seem suspiciously low, it is highly recommended to reach out to an experienced Idaho workers' compensation attorney from our USA Lawyer Directory to review your claim.
Understanding the 67% AWW Calculation for TTD
If your authorized treating physician writes you completely off work, you are generally entitled to Temporary Total Disability (TTD) benefits under Idaho Code § 72-408. TTD benefits are not a full replacement of your normal paycheck. Instead, the law dictates that you receive 67% (or 67 cents on the dollar) of your Average Weekly Wage (AWW), subject to the statutory maximum and minimum limits established under Idaho Code § 72-409.
To calculate your AWW under Idaho Code § 72-419(4)(a), the insurance adjuster divides the 52 weeks preceding the accident into four consecutive 13-week periods for hourly or daily workers. The adjuster selects the quarter most favorable to you, divides those wages by 13, and explicitly excludes overtime or premium pay like shift differentials pursuant to IDAPA 17.01.01.401. Because TTD is tax-free, the 67% rate is intended to closely mirror your usual take-home pay. If you were injured in Meridian or Nampa and your paycheck suddenly stops, ensure your employer promptly filed the Form 1A-1, Idaho, Industrial Commission, Workers' Compensation First Report of Injury or Illness to trigger your payments.
How TPD Supplements Light-Duty Pay Cuts
What happens if your doctor says you can return to work, but with strict restrictions, such as 'no lifting over 10 pounds'? If your employer accommodates this by offering you a light-duty job (like answering phones) but at a lower hourly rate or with fewer hours, you are losing money. This is where Temporary Partial Disability (TPD) comes into play.
TPD acts as a financial bridge. It generally pays you 67% of the difference between your pre-injury Average Weekly Wage and your new, lower light-duty earnings. For example, if your pre-injury AWW was $1,000, and your light-duty job only pays $400 a week, your wage loss is $600. TPD will pay you 67% of that $600 difference. This encourages injured workers in cities like Idaho Falls and Pocatello to return to the workforce without being severely financially penalized for their physical restrictions.
What Happens to Benefits If You Get Fired for Cause While on Light Duty?
A very common and stressful scenario occurs when an injured worker on light duty is terminated by their employer. If you are laid off due to standard economic downsizing, your TTD benefits will typically be reinstated because the light-duty work is no longer available. However, if you are fired for cause-meaning you were terminated for violating company policy, insubordination, or failing a drug test-your situation becomes precarious.
In Idaho, if you are fired for a justified, non-injury-related reason while on light duty, the insurance company may argue that you voluntarily removed yourself from the workforce. Under Idaho Code § 72-403 and case law such as Malueg v. Pierson Enterprises, 111 Idaho 789 (ID Supreme Court 1986), terminating an employee for documented misconduct can result in the forfeiture of their ongoing temporary wage benefits, as insurers equate a discharge for cause with an unreasonable refusal of suitable employment. The insurance company will argue that light-duty work was available, but you threw it away through your own bad actions. If you find yourself in this situation, you urgently need a lawyer to fight for your benefit continuation.
How Much Can You Expect from Temporary Benefits?
Your exact payment depends heavily on your prior earnings and the state maximums in effect during the year you were injured.
| Standard TTD Payment | 67% of your gross Average Weekly Wage (AWW) calculated under Idaho Code § 72-419. |
| State Maximum Cap | Capped at 90% of the state average weekly wage under Idaho Code § 72-409. |
| State Minimum Cap | Generally 45% of the state average weekly wage under Idaho Code § 72-409 (unless your actual wage was lower). |
| TPD Payment | 67% of the difference between pre-injury AWW and current light-duty wages. |
How Long Do These Benefits Last?
In Idaho, you do not receive TTD or TPD forever. These temporary benefits continue only until one of three things happens: 1) You are fully cleared to return to your normal, unrestricted job; 2) You reach Maximum Medical Improvement (MMI), meaning your medical condition has stabilized and will not significantly improve with further treatment; or 3) You unreasonably refuse a valid light-duty job offer from your employer. Once you reach MMI, your temporary benefits end, and you may be evaluated for permanent impairment benefits.
Frequently Asked Questions (FAQ)
Do I have to pay taxes on my TTD or TPD checks?
No. Under state and federal law, workers' compensation wage replacement benefits, including both Temporary Total Disability and Temporary Partial Disability, are entirely tax-free.
What happens if I refuse a light-duty job offer?
If your doctor clears you for light duty and your employer offers a job that strictly fits those medical restrictions, you must accept it. Unreasonably refusing a valid light-duty offer will generally result in an immediate termination of your wage loss benefits.
Is overtime included when calculating my Average Weekly Wage?
Generally, no. Under Idaho Code § 72-419(4)(a), for hourly and daily wage workers, the statutory calculation explicitly excludes overtime and premium pay (such as shift differentials). Your AWW is calculated by taking your base earnings from your highest 13-week quarter in the 52 weeks prior to your injury and dividing it by 13.
Can the insurance company stop my checks without warning?
Insurance companies must generally provide notice before terminating your benefits, often by issuing a Notice of Change of Status. However, if your doctor suddenly releases you to full duty, your checks will stop immediately.
What if my doctor and the insurance company's doctor disagree on my work status?
If the insurance company's doctor says you can work but your treating physician says you cannot, the insurance company will likely stop your checks based on their doctor's report. You will need a lawyer to file a complaint and request an emergency hearing before the Industrial Commission to reinstate your benefits.
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