Walking is an activity many of us take for granted. But there are complex processes that allow us to walk normally. When a work injury causes leg pain, makes it difficult to walk, and causes an abnormal gait, you may be entitled to workers’ compensation benefits for the damage it causes to other body parts.
Walking requires many body systems to work together, including strength, coordination, and sensation. If any of these systems are disrupted, you could experience an abnormal gait. “Gait” refers to the way a person walks. In some cases, an abnormal gait will resolve with medical treatment. Other times, it will be permanent.
If altered gait resulting from, for example, an injury to your foot, ankle, knee or hip causes you to favor the uninjured leg or modify the way you walk, and this in turn results in increased pain, disability or treatment in your low back or foot, ankle, knee or hip on the opposite side, that may be claimed as a result of the original work injury.
While injuries to the legs or feet are some of the most apparent causes of an altered gait, they are far from the only possibilities. Injuries to the low back can cause altered gait, as well.
Most commonly, this results in increased degenerative changes in the knee, hip, or foot on the opposite leg, or either leg if the original injury was to your low back. It can also result in increased degenerative changes in the low back if the original injury was in one of your legs. Treatment and disability for the body parts affected by altered gait can be connected directly to the work injury. The legal rule is whether your altered gait directly caused, aggravated beyond normal progression, or was a material contributory causative factor in the onset or progression of the condition, in the body part affected by altered gait.
Many times, your treating doctor will provide an opinion that altered gait or a limp caused a permanent injury in other body parts. You will often need the assistance of an attorney to obtain admissible opinions from your doctors on this, and to set up evidentiary documentation of the permanent injury to other body parts.
In addition, if you suffered a work-related injury that resulted in a permanent limp, you might be eligible to claim disfigurement benefits through the Wisconsin workers’ compensation system. Disfigurement benefits are paid in addition to any temporary or permanent disability benefit. They have a value of up to 50 weeks of your average weekly wage at the time of your injury.
Unlike most benefits available to injured workers in Wisconsin, disfigurement benefits are awarded at the judge’s discretion. The statute does not have a schedule or other predetermined criteria for awarding disfigurement benefits other than the maximum of 50 weeks.
Obtaining full and fair compensation for referred pain or an altered gait can be difficult. Many workers compensation insurance companies will only approve a claim for the injuries you suffered at the beginning of your claim. They often do not consider the full impact of your pain and how other body parts must adapt to compensate for it.
Because insurance companies refuse to pay these claims, it is almost always beneficial to work with an experienced Wisconsin workers’ compensation attorney who understands these tactics and will fight hard for the compensation you deserve.
Wisconsin workers’ compensation attorney Luke Kingree has been in practice since 2007. He knows the law and legal precedents that apply to claims for workers’ compensation due to altered gait and referred pain, and he knows what it takes to get these benefits approved.
Attorney Kingree is highly respected in the Wisconsin workers’ compensation legal community and is known as a fierce and tenacious advocate for injured workers. He has handled over 1,000 claims for workers’ compensation benefits, and he regularly achieves successful results.
Kingree Law handles workers’ compensation claims on a contingency fee, which means you won’t pay an attorney’s fee unless we recover money for you. With offices in Madison and Eau Claire, Kingree Law proudly represents injured workers throughout Wisconsin.
To learn more about how Kingree Law can help, visit our FAQ section and Information Center, then contact us today to schedule a free, confidential consultation to discuss your situation and how we can help.
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