Workers' Compensation Deposition: What To Expect And Guidelines To Follow
One part of the workers' compensation claims process that you might face is being called for a deposition. During the deposition, your employer's insurance company will ask questions about your injuries and the accident which led to them. It is important that you are prepared for it. Here are some tips for getting through the deposition.
What Can You Expect?
The deposition for a workers' compensation claim is similar to other depositions taken in other types of legal cases. Your attorney and the attorney for the insurance company will be present. During the deposition, the insurance company's attorney will ask you questions and a court reporter will record your answers. As part of the deposition, the insurance company's attorney will ask for background information, such as your name, work history, and criminal history. He or she will also ask about any prior injuries you have and about the injuries you are claiming now. Finally, the attorney will ask about the medical treatment you have received so far and whether you have any limitations that impact your ability to work. For instance, the attorney will want to know if you have trouble lifting heavy items that you were previously expected to lift.
What Should You Do?
During the deposition, what you say in response to the attorney's questions is extremely important. Your answers can play a role in whether or not your claim is approved by the insurance company. For instance, allow the attorney to completely finish the question before attempting to respond. Waiting for the attorney to complete the question gives you the chance to mull over your response. It also helps to ensure that you are answering the question being asked and not volunteering information that could hurt your case. It is important that you give oral answers to the questions. The court report can have difficulty transcribing nonverbal responses. It could also result in an inaccurate portrayal of your testimony.
Never speculate when answering a question. If you do not understand the question that the attorney is asking, ask him or her to fully explain the question. If you do not know the answer to the question or simply cannot remember the details accurately to answer, you can say "I do not know." Speculation could lead to holes in your story which could make your testimony seem less than credible.
A workers' compensation attorney like Large & Associates Attorneys can provide you with situation-specific instructions on how to proceed in your deposition. Pay close attention and rely on your attorney for help, if needed.