Legal Question in Workers Comp in Minnesota

workers compensation responsibility

I have been treated for a work comp injury since oct. (plantar fasiitus] i have been in a walking cast for months the doctor warned me i may develop hip problems from wearing it, well after months of wearing it I did get significant pain in my hip and when sitting it radiates down my leg and up the right side of my hip,on my back, when I asked my doctor to recommend a doctor for my hip (he is an orthopedic doctor) he told me to go to my primary physician and he can't verify that the pain is caused by my work comp injury. I havn't done any thing physical except work since my diagnosis. Also my work said to go to my doctor but that my claim may be denied. So my question is, when do I consider getting legal help, and what can I do to make sure workerscomp takes responsbility for the pain in my hip,leg,and back that this walking cast is causing?

Asked on 1/28/09, 1:13 pm

2 Answers from Attorneys

Donald Kohler Donald W. Kohler, Attorney at Law

Re: workers compensation responsibility

It sounds like you have what is considered a consequential injury (an injury that develops as a result of compensating for another injury). For example, if an employee has an injured left arm, he or she may compensate by using their right arm to do the majority of their work duties and, as a consequece, suffer an overuse syndrome or develop tendonitis, etc.

AS with any workers' compensation claim, you will need a medical doctor (or qualified medical professional) to give an opinion that your work duties (or in your case, the cast from the work injury) was a substantial contributing factor in causing the new injury.

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Answered on 1/28/09, 1:59 pm
Jerry Sisk The Law Office of Thomas Mottaz

Re: workers compensation responsibility

You were right about getting an attorney. It sounds like your best bet is to retain an attorney and allege a consequential injury to your hip. Also, I would discuss your options with your attorney about seeing another doctor. Just because that doctor believes it is not related does not mean it is true. He may not be trained to make that decision.

If you are in need of an attorney, feel free to call me at 651.785.7735 or contact me through my website at

Good luck.

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Answered on 1/28/09, 3:32 pm

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