In many workers’ compensation cases, the insurance company’s attorney will want to talk to you, meet you, and take your statement. If the statement takes place under oath in the presence of a court reporter, we refer to that as a deposition.
Depositions in workers’ compensation cases usually last 1 to 2 hours. The questions typically involve topics such as how you were injured, your prior medical history before the accident date, what jobs you have held in the past, and what benefits you are seeking. The most important area of your deposition usually is your past medical history. Being honest is key. Be sure you do your best to remember any previous similar injuries.
For example, if you have a back injury, you will be asked about your previous history of back injuries. If you deny such history and the insurance company finds out that you did have past back problems, that may be used against you in front of the judge.
Remember a deposition is nothing more than a question and answer session, under oath, in the presence of the employer’s attorney and your attorney, if you have hired one.