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:
- Be honest and truthful. This statement may be used against you later on if you are dishonest.
- 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.
- 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.