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What You Need to Know about the Deposition Process in Your Worker’s Compensation Case

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If you contest the denial of your claim by filing an Application for Adjustment of Claim (AAC), you (the Plaintiff) may be asked during the litigation process to give a deposition. Depositions are question and answer sessions that are under oath.

Whereas a recorded statement will probably be taken by the insurance adjuster through a phone conversation with the injured worker, a deposition will likely be taken in person by the employer’s (the Defendant) attorney. Questions asked will be similar to those asked in a recorded statement, but more specific and detailed.

Here are some suggestions to follow if you are giving a deposition:

  1. Be honest and truthful. This statement may be used against you later on if you are dishonest.
  2. Do not guess. If you do not know the answer, say that you do not know or do not recall. You will be held to your answer at a hearing.
  3. You only have to answer the question. You do not have to give more information than asked for.

A court reporter will transcribe this question and answer session. This means that you will get a copy of the deposition to review and to make corrections before it is filed with the Worker’s Compensation Board.

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