Temporary Partial Disability Benefits

RSA 281-A:31

Temporary partial benefits are paid to an injured employee if they return to work and due to their disability are unable to earn the equivalent amount they were earning prior to their disability. The employee, or occasionally the employer, will submit the pay stubs to the adjuster so that the temporary partial benefit of 60% of the difference between prior injury earnings and post-injury earnings can be determined.

Throughout the years the time limitations for collecting temporary partial benefits has changed. Injuries prior to 1/1/91, an injured employee could collect 341 weeks of temporary partial benefits. For injuries from 1/1/91 to 2/8/94 this increased to 350 weeks. For injuries as of 2/8/94 the number of weeks was decreased to 262 weeks.

There is a 3-day waiting period for the payment of disability benefits. If the disability exceeds 14 days, the 3-day waiting period is waived.

RSA 281-A:23-b, Alternative Work Opportunities, states, "… if an injured employee returns to temporary alternative duty within 5 days of sustaining an injury, such employee shall be paid workers' compensation from the first date of injury …". That is, the 3-day waiting period is waived. This would apply even if the employee is paid full wages while performing temporary alternative duty.

The number of weeks that the injured employee was paid total disability is subtracted from the total number of weeks allowed for temporary partial disability.

If after the total number of weeks for partial disability is exhausted, and an injured employee is deemed totally disabled, temporary total disability benefits may be due.