Posted on: 15 February 2023
Not all injured workers expect to take part in a deposition. If you are invited to attend a deposition, it probably means that your workers' compensation insurance benefits went horribly wrong at some point. You can do a better job at your deposition by following the below tips.
Why a Deposition?
Depositions are common in several areas of law, from criminal cases to personal injury issues. The purpose of those depositions and a workers' compensation deposition is the same: to testify about a case before it goes before a more formal hearing or court. The reason for most depositions is to gather additional information for an upcoming hearing. However, a deposition can also result in a new and improved settlement offer by the workers' compensation insurer for some hurt workers.
What to Expect at the Deposition
If you have a workers' compensation lawyer (and you should), they will be by your side at the deposition. These meetings can take anywhere from a few hours to a day or more. Also being deposed are others involved in your case. That might include your doctor, the workers' compensation doctor, witnesses to your work accident, and others. Each person is interviewed separately. A court reporter will be recording the goings on, and you will be sworn to tell the truth before the proceedings begin. You can ask for a break when you need one by speaking to your lawyer.
How to Get Ready to Be Deposed
Preparation is important. It might have been months since your accident occurred. Review your claim form, correspondence, and medical treatment records to refamiliarize yourself with your case. It's vital to have a workers' compensation lawyer helping you with your case. If your case has progressed this far, it means you are carrying the burden of proving something to the state board of workers' compensation. A workers' compensation lawyer can advise you on what to expect in terms of questioning.
Most workers' compensation disagreements are about benefit denials. You might also disagree about an order to go back to work prematurely, or the amount of a settlement offer. Knowing what is in contention will help you get ready. For example, if your case is about a denial of benefits based on findings of medication in your bloodstream after a work accident, the deposition will center around that finding. You will be questioned about any reasons for taking the medication, how long you have been taking it, the validity of the prescription, its side effects, and more.
If you have a deposition in the future, speak to a workers' compensation lawyer to learn more.Share