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Eric A Polinsky

Eric Polinsky’s Answers

34 total

  • Is my injury covered under workers comp or disability? I had this surgery done before at a prior workplace under workers comp

    I had Cubical Tunnel surgery 20+ years ago filed under Workers Comp at a previous job. It has come back and I need surgery again. I told my employer i needed time off for the surgery under my disability insurance; however, should I have filed a ...

    Eric’s Answer

    Based on your question, I would probably recommend filing a new workers' comp. claim based on your ongoing repetitive work. Your doctor will need to give an opinion on whether this is a new injury caused by your current work over the years. I doubt that the doctor would connect your current problems to your old injury, especially if you have not had treatment over the years.

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  • Do I have the right to sue the company

    Last year I hurt my head at work and I had to do 5 stitches and still feel pain . I feel daizy when am driving and I cant concentrate .sometimes I have hard time to sleep at night

    Eric’s Answer

    If this was an injury you sustained at work, you cannot "sue" your employer. You are limited to filing a workers' compensation claim. That claim must be made or filed within 1 year of the injury. From your description, you may have had a head injury. Hopefully the injury was reported properly and you have been treating with your doctor and mentioning these problems from the beginning.

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  • Dear Sir/Madam, Can you help me with my workman's comp. case that is now going into 6.5 years with no end in sight?

    I was injured in a construction accident on oct. 13, 2008 in which I had traumatic back injury and also lost the use of my bladder and now have a neurogenic bladder which requires numerous times of self catherization each day. I had a double fusi...

    Eric’s Answer

    It definitely sounds like you had a significant injury. At this point you are in the middle of a Formal Hearing or trial and it is very difficult to change attorneys. I suggest you sit down with your attorney and review your case as well as explain how you are feeling. Hopefully you can work out any problems and avoid having to find a new attorney at such a late date.

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  • In WC claim if my claim is accepted but I did not get paid for permanency , aren't owed interest?

    I have a workers comp claim , i have rating of 25 percent I was making 300 a week on workers comp before surgery . How much am I owed . I only collected a few weekly checks since 2013 , I got permanency in November of 2013 . I am owed interest plu...

    Eric’s Answer

    You may be entitled to interest depending on the facts of the case. If the rating was never sent to the insurer they can not be ordered to pay interest, but the rating would still be payable.

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  • If I got 15 percent rating , how much should I get for permanency . my payment was 331 a week for workers comp.

    my mother in law was told by her attorney that they pay hr 2100 dollars for permanency rating . when ask the attorney he said that's all they paid and because she had a low paying job and she has no pain and suffering that's why he could not get h...

    Eric’s Answer

    • Selected as best answer

    In Conn., each body part is assigned a number of weeks. For example, the back is worth a total of 374 weeks, whereas the master arm is worth 208 weeks. If you are given a 10% disability of the back, then you would be entitled to 10% x 374 weeks, which equals 37.4 weeks at your pay rate. If your pay rate is very low, that translates into a low award for permanent disability benefit. Also as I explained, an injury to the foot is worth much less than an injury to the back.
    In regard to settlement, there is no requirement or obligation that an Insurer settle and close a claim.

    You should contact the attorney and meet to review the claim completely

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  • Why does workers comp give an injured employee up to an entire year to file a workers comp claim?

    Is it because some employees may want to see if an injury heals on its own, or are not sure on the extent of what may appear to be a minor injury?

    Eric’s Answer

    When the Workers' Compensation system was created over a 100 years ago, it was created to primarily provide prompt medical treatment to injured workers and give certainty to exemplifies that they would be notified of claims quickly so they could be dealt with and investigated if necessary. In exchange for providing there coverage, employers were shielded from liability and the employee did not have to prove how they were injured as long as they were engaged in their work activities. The system has become more complicated but it generally functions well.

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  • Is employers WC insurance still responsible for injury and future medical after a PPD rating?

    Working with restrictions now PPD rating. Want to know if employers WC insurance is still responsible for injury and future medical after the PPD rating.

    Eric’s Answer

    The workers comp carrier is still responsible for an accepted injury after award of permanent disability benefits. The claim remains open until it is settled with the approval of the Compensation Commissioner.

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  • Workers comp

    I went to the commissioners office with attorney with other party all agreed upon a settlement and for them to pay outstanding doctor bills liens exc... Prior to date of settlement. I received a phone call from attorney telling me they ( wc) chang...

    Eric’s Answer

    From your question it seems like you have an attorney. I would meet with them and review where you stand. It is typical to discuss issues at a hearing and then work out the details as well as confirm with the insurer that they will agree to a proposed settlement. Find out what the issues are and what the Commissioner's recommendations were. You are at a settlement point and changing attorneys at this point may not be the best thing. For settlement the Commissioner will review and approve any final settlement. Hopefully these are issues that can be worked out to get you a fair and reasonable settlement

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  • Is a health plan provider liable for injuries caused by companies they outsource to?

    My father was in a car accident while riding in a non-emergency medical transport (NEMT) vehicle. The NEMT company was provided by his health insurance plan (an affiliate under Medicare). My father suffered a compound fracture and internal injurie...

    Eric’s Answer

    The short answer is that it may be possible. You need to meet with an experienced personal injury attorney to review the facts and relationships between the parties. It met be necessary to file suit quickly to get a grip on the situation. I am located in Hartford if you need further assistance.

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  • If an employee with a respiratory impairment is injured by tobacco smoke at work, is it compensable under the Workers Comp. Act?

    Injury occurred inside the company car while in the course of work duty. A co-worker had just smoked a cigar in company car just prior to picking up the employee. The drive was one half hour in a work environment that was not smoke free. Employ...

    Eric’s Answer

    Given the facts that you have give, I think it would be very difficult to get an opinion from a doctor that the type of exposure you had was significant enough to cause an injury. Typically a short exposure would not create a permanent injury and once the exposure is ended, the symptoms resolve. Maybe there is more information, but based on what you have given, I think it would be very difficult to establish you suffered a work-related injury.

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