Eric A Polinsky’s Answers

Eric A Polinsky

Hartford Workers' Compensation Lawyer.

Contributor Level 6
  1. I'm out on workmans comp but am unsure about what benefits i should be fighting for.

    Answered over 1 year ago.

    1. Robert Joseph Sciglimpaglia Jr
    2. Eric A Polinsky
    3. Charles Joseph Michael Candiano
    4. Bobby L. Bollinger Jr.
    4 lawyer answers

    Your Worker's compensation rate is based on your earnings over the 52 weeks before your injury. If you were working for more than employer your rate should be calculated using those earnings as well. Frequently the insurer will estimate your earnings before they get the a tubal earnings. You also have to be sure they know you have what is called "concurrent employment" to correctly calculate your comp rate. All benefits you are entitled to (lost time or permanent disability) are based on your...

    2 lawyers agreed with this answer

  2. If a retainer is deposited with an attorney for expenses and fees what is the reason for the contingency part ?

    Answered over 2 years ago.

    1. Joel Jay Kofsky
    2. Mark T Stern
    3. Eric A Polinsky
    4. Christian K. Lassen II
    4 lawyer answers

    A contingent fee agreement provides that the attorney is only paid a fee out of the eventual recovery. In some cases the attorney may ask that costs be advanced by the client or deposited to cover expenses. Generally the client is responsible to pay costs and expenses in addition to any contingent fee.

    2 lawyers agreed with this answer

  3. If you hurt at Mohegan sun ,had surgery and still in pain but doctor release you , but can't work . How do you fight this case?

    Answered 4 months ago.

    1. David C Leard
    2. Eric A Polinsky
    3. Andrew John Cates
    3 lawyer answers

    Since your mother was an employer of Mohegan Sun, you will need to find an Attorney that is a member of the Tribal Bar. There are attorneys in the Norwich/New London area that practice in front of the Tribal Court. The rules are based on the Connecticut Workers' Compensation Statutes, but they are more limited in some ways. Although I am a Board Certified Workers' Compensation Specialist, I do not practice in front of the Tribal Court. Good luck

    1 lawyer agreed with this answer

  4. Is it illegal for workers compensation to use a felony conviction against me?

    Answered over 1 year ago.

    1. George W Boath JR
    2. John M Connell
    3. Eric A Polinsky
    4. George Ellis Corson IV
    5. Charles Joseph Michael Candiano
    5 lawyer answers

    I agree with Atty. Boath. When there are disputed issues, the Commissioner has to make a judgment call. A felony conviction, especially when it involves your truthfulness, is something the Commissioner will consider when evaluating your claim. If there is strong evidence that the injury is compensable, and your version of what happened is supported by other witnesses, your conviction may have little impact on the result. If, on the other hand, there is not a lot of other evidence that...

    1 lawyer agreed with this answer

  5. Back surgery L-4 removed cannot work disabled by ct comissioner. want file a lawsuit against my company. for long term dis

    Answered over 1 year ago.

    1. David C Leard
    2. Eric A Polinsky
    3. Robert Joseph Sciglimpaglia Jr
    4. Charles Joseph Michael Candiano
    4 lawyer answers

    Under Connecticut law, you cannot sue your employer if they have workers' compensation coverage. There are a few exceptions to the general rule, for example if you were working at a job site and were injured because of someone else's negligence, like an employee of another subcontractor. You should meet with your attorney and discuss your concerns. Your attorney should have discussed exactly how the injury happened and may have already considered whether a lawsuit outside of workers' comp...

    1 lawyer agreed with this answer

  6. Is a CT worker's comp 3rd party lien supposed to state the amount(s) to be reimbursed at 100%, or stated as one third less?

    Answered over 1 year ago.

    1. Eric A Polinsky
    2. Robert Joseph Sciglimpaglia Jr
    3. George Ellis Corson IV
    3 lawyer answers

    Unless otherwise stated in the lien letter, I would assume that the amount stated is the full amount of medical and indemnity benefits paid. You should be aware that the lien statute does condition the reduction of filing suit in the 3rd Party claim and some insurers will require it. You should discuss it with your attorney. If you have further questions, I am a Board Certifiied Workers' Compensation Specialist in Connecticut.

    1 lawyer agreed with this answer

  7. Should We look for another Attorney?

    Answered over 5 years ago.

    1. Michael D Fox
    2. Eric A Polinsky
    2 lawyer answers

    First of all, I would recommend you make an appointment to meet with your attorney and discuss the case and the settlement offer. Ask to meet with your original attorney as well as the attorney now handling your file. Give them the opportunity to explain what is now going on and whether they feel the current offer is reasonable. After meeting with them, then you can decide if you still want to speak with another attorney. If is your file and you have the right to change attorneys if you...

    1 lawyer agreed with this answer

  8. I have a lower L5 herniated disk and mri results show it . How much can ivexpect from a settlement

    Answered over 1 year ago.

    1. Paul S Levin
    2. Robert Joseph Sciglimpaglia Jr
    3. Eric A Polinsky
    4. John M Connell
    5. George Ellis Corson IV
    5 lawyer answers

    I'm sorry but there is no quick or easy answer to your question. In general, a final settlement is based on a number of factors, such as liability (fault and how the accident happened) and damages (the injury, type of treatment, lost wages, total and outstanding medical bills, recovery and permanent injury). In addition, other factors such as age, ability to return to work, recklessness or alcohol will also affect settlement value. I would be happy to discuss you injuries and claim in person.

  9. Can you obtain new counsel right at the very end of a worker comp case? We just do not feel our Attorney has our best interest.

    Answered over 1 year ago.

    1. Eric A Polinsky
    2. Robert Joseph Sciglimpaglia Jr
    3. Nancy J Wallace
    4. John M Connell
    5. Jonathan Neal Portner
    5 lawyer answers

    I would suggest you sit down with your attorney and review the settlement completely. My guess is that this settlement has been facilitated by the Workers' Comp. Commissioner and it is likely at the Commissioner's recommendation for settlement value. There are many factors that go into settlement and value of a workers' comp. claim. I do not think the attorney is just trying to make a quick buck and move your file. Frequently a claim will go on for 5-6 years to build a claim to the point...

  10. I recived a combined rating of 12%the with permanent partial disability to neck and thoracic spine. Plus i suffer from vertigo

    Answered about 2 years ago.

    1. Kristen Garlans
    2. David C Leard
    3. Eric A Polinsky
    4. George Ellis Corson IV
    4 lawyer answers

    This is really not a simple question. Your claim involves both a motor vehicle accident and a workers' compensation claim. Assuming you were not at fault for the accident, a claim should be made against the party that caused the accident. Under Connecticut law, you are entitled to certain benefits including medical treatment and a permanent partial disability award. If you reach a settlement of the motor vehicle claim, workers' compensation has a lien or the right to be paid back some or...