When you are hurt on the job and cannot work — or can only work in a limited capacity — the New York workers' comp system provides weekly cash benefits to replace some of your lost wages. These come in two main flavors: Temporary Total Disability (TT) and Temporary Partial Disability (TPD). The difference between them determines how much money you receive every week, and understanding the distinction is essential if you are being pressured to return to light duty.
Temporary Total Disability (TT)
Temporary Total Disability applies when your treating physician has determined that you cannot work at all — you are "totally disabled" on a temporary basis. This is the most common status immediately after a serious work injury.
While you are classified as Temporary Total, you receive benefits equal to two-thirds (2/3) of your Average Weekly Wage, up to the statutory maximum for your year of injury. As of July 1, 2025, the maximum rate is $1,222.42 per week.
There is also a minimum rate — $20/week as a floor, though for most workers the 2/3 calculation results in a much higher figure. The minimum applies in very low-wage situations.
TT benefit formula: Weekly Benefit = AWW × 2/3 (not to exceed the maximum rate for year of injury)
Temporary Partial Disability (TPD)
Temporary Partial Disability applies when you are able to work, but only in a reduced capacity — for example, on light duty, fewer hours, or at a lower-paying position. You are not fully disabled, but you are still earning less than you did before the injury.
The TPD formula is designed to compensate for the gap between what you were earning before the injury and what you are able to earn now:
TPD benefit formula: Weekly Benefit = (Pre-Injury AWW − Current Weekly Earnings) × 2/3
For example: if your AWW before the injury was $1,200/week and you are now earning $600/week at light duty, the benefit is 2/3 of the $600 difference — $400/week.
TPD benefits are also subject to the same statutory maximum cap as TT benefits.
Side-by-Side Comparison
| Factor | Temporary Total (TT) | Temporary Partial (TPD) |
|---|---|---|
| Work status | Cannot work at all | Working, but at reduced capacity or pay |
| Benefit rate | 2/3 of AWW (capped) | 2/3 of (AWW minus current earnings) |
| Medical requirement | Doctor says no work | Doctor releases to light duty or part-time |
| Employer's light duty offer | Must be offered work within restrictions to convert to TPD | Benefits calculated against actual earnings |
The Light Duty Trap: When TT Becomes TPD
One of the most consequential moments in a comp case is when the insurance carrier or your employer offers you a "light duty" position. Once your doctor releases you to light duty — even if the only work available pays far less — your status can shift from TT to TPD, which usually reduces your weekly benefit.
Here is what you need to know:
- The offer must be real. The light duty work must actually be within your medical restrictions. Work that exceeds your doctor's limitations does not count.
- It must be available. The employer must actually have work they can give you within your restrictions — not just a theoretical offer. If there is no real position, TT continues.
- Refusing legitimate light duty can suspend your benefits. If your doctor has cleared you for light duty and your employer offers work within your restrictions that you refuse, the carrier can move to suspend your benefits. Do not refuse light duty without talking to an attorney first.
- You can challenge the adequacy of the restrictions. If you believe the light duty offer exceeds your restrictions, your doctor can clarify or tighten the restrictions at the next medical appointment.
What "Temporary" Really Means
Both TT and TPD are classified as "temporary" because they are expected to end — either when you return to your regular work, reach Maximum Medical Improvement (MMI), or your case moves to a permanency classification. The word "temporary" does not mean your injury is minor; it means the benefit status is expected to eventually resolve into a permanent classification or a settlement.
Once you reach MMI, the focus shifts to permanent disability — either a Schedule Loss of Use award for extremity injuries, or a classification for non-schedule injuries. Understanding where your case is heading on this path is important for long-term planning.
How Long Do Temporary Benefits Last?
New York does not set a flat time limit on temporary disability benefits — they continue as long as your doctor certifies that you remain disabled (total or partial) and your case is active at the Board. However, there are practical limits:
- The carrier will periodically require updated medical reports to continue paying benefits
- The carrier may schedule IMEs to challenge your degree of disability
- The Judge at a hearing can modify your classification based on the medical evidence
If your treating doctor says you cannot work but the carrier's IME doctor says you can, you will likely need a hearing before the Workers' Compensation Law Judge to resolve the dispute. Learn what to expect in our guide to what happens at a workers' comp hearing.
Concurrent Employment and TPD
If you had multiple jobs before your injury and only one of them is affected by the work restrictions, the TPD calculation can get complicated. The key question is: does your disability prevent you from performing the second job? If the answer is yes, those lost wages belong in the disability calculation. This is an area where legal representation often makes a significant difference.
The Waiting Period
New York imposes a seven-day waiting period before disability benefits begin. You do not get paid for the first seven days of disability. However, if your disability lasts more than 14 days, you are retroactively paid for those first seven days. If your disability is less than 14 days total, you lose the first week.
Check current benefit rates
Use the free Rates Calculator to see the maximum and minimum weekly comp rates for any year of injury going back to 2007.
View Rates →Key Takeaways
- TT applies when you cannot work at all — benefit is 2/3 of AWW up to the max rate
- TPD applies when you are working at reduced capacity — benefit is 2/3 of the wage difference
- Light duty offers can shift your status from TT to TPD — evaluate them carefully
- Temporary benefits continue until MMI, then your case shifts to permanency
- Both statuses are subject to the same statutory maximum weekly rate