[Edwin]

IN FLORIDA

I have been on workers compensation pain management for 3 years. I demanded they release me to work about one year into the program but keept the pain management. As i had to have the income. Now, the pain has just become unbearable. Now they are treating me for depression!

The meds are not doing it anymore, and i'm chemically dependent on them, they will not authorize any injections that do give me a little relief for a while.

The problem, I was working a part time job when i was injured that paid near minimum wage. I am now making decent money.

I can't Work, I just can't do it anymore. But i can't lose the income.

The question:
1. Is it possible to get released from work again and
2. Will they use my current income now or will they still be paying out 60% of that old part time job from 3 years ago?

I feel trapped, like i have to get a lawyer just to survive. I am not after money just the ability to survive!

I would like to:

1. Keep My pain Management
2. Go to school to learn a profession i can handle
3. Get 60% of my current wages.
4. Go back to work
5. Keep my pain management.

If i do this, i will be back at work in under 2 years and only need pain management. If i don't do this, i have no idea what is in my future as i JUST CANT TAKE IT ANYMORE.

Please help!

[Cervical_Fusion]

I am in Ohio and they pay you 66 2/3 % of your wages. That pay is determined from the date of injury. I am getting wages pd from a 2001 date, but i worked untill 2008, and had numerous wage increases from 2001 thru 2008 but my injury date is 2001 so that is what i am pd.

[Manley2]

I believe most if not all cases are based on what you made at the time you got injuried and not current wages

[kate]

In Florida the wages are based on your earnings for the thirteen weeks prior to the time of injury. They are not adjusted to your current earnings. Also, the percentage is not 60%. It is 66 2/3% for total disability.

[bronco54501]

Here in WI it is based on your wage at time of accident/injury. To some its a good thing but some its not.. 2 years before my injury I was making $1500 a week and I paid for all materials needed. At time of accident I made 900 but they furnished all materials and gas. I did come out better for my ins was cheaper and only put in half the hours........

[Manley2]

It's based on your income for 12 months before BUT does not include overtime unless it's forced. I was working 60 hours a week almost the whole year before I got hurt but my TTD was based on only 40 hours a week. I was making less then half of what I was bringing home before I got hurt. Was bringing home over $1000 a week and went to bring home that a month.

[kate]

(02-02-2011, 01:44 PM)Manley2 Wrote: It's based on your income for 12 months before BUT does not include overtime unless it's forced. I was working 60 hours a week almost the whole year before I got hurt but my TTD was based on only 40 hours a week. I was making less then half of what I was bringing home before I got hurt. Was bringing home over $1000 a week and went to bring home that a month.

That doesn't apply in Florida. In Florida it's 13 weeks prior and overtime is included in all cases.