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work comp deposition

What is a deposition?

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.

If you have questions regarding a work-related injury or personal injury accident, contact our office at (800) 809-3776 for a free initial consultation to discuss your claim. under oath

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

 

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.