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How to Prepare for a Deposition in Your Workers’ Comp Case

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Posted By DAM Firm | February 18 2021 | Workers' Compensation

If you have sustained an on the job injury, you should be able to recover workers’ compensation insurance to pay for your medical bills, lost income, and disability benefits. However, there are times when insurance carriers or an employer put up roadblocks when it comes to securing this compensation. When fighting to secure your rightful workers’ compensation, it may be necessary for you to sit for a deposition. Here, we want to explain what a deposition is and how you can prepare for one in a workers’ comp case.

What is a deposition?

Depositions are scheduled in order to gain testimony from every person involved in the case. If you are the subject of the workers’ compensation claim, it is very likely that you will be called to answer questions through a deposition. In these depositions, an attorney for the insurance carrier (or the employer) will be asking the questions. These are the adversaries, and they are looking for a reason to deny the claim. These questions will relate to how you got injured or became ill, as well as questions about your medical care, your recovery, and your current health situation.

Depositions are always going to be recorded in some way, whether by video or audio. A court reporter will be present to provide a transcription of the entire deposition. Depositions are given under oath, meaning the person who is giving the deposition must tell the truth, or they could face legal penalties.

Depositions are not unique to workers’ compensation claims. These are used in every type of civil and criminal case.

Preparing for your workers’ compensation deposition in Riverside

We want to be honest with you – sitting for a deposition is not fun. If you have never been through a deposition before, you will likely be nervous. Often, those who are going through this process are still in pain from their work-related injury or suffering from symptoms of an occupational illness.

We strongly suggest that any person who has been asked to sit for a deposition work with a skilled attorney who can help them prepare. An attorney can set up a “mock” deposition in order to help get the work injury victim ready for what happens. An attorney will advise the person who will give a deposition to be ready for inquiries based on the following:

  • How they suffered the injury or illness
  • Their employment history
  • Their previous injuries or illnesses
  • Any medical care and therapy they have received for their work-related injury or illness
  • Any disabilities that restrict them caused by the work-related injury or illness

When giving a deposition, it is important to speak clearly and truthfully. There is no problem asking the other side to repeat or rephrase their questions and to define any terms that are unfamiliar. Above all, it is important to point out that saying “I don’t know” is always an acceptable answer when you are unsure. It is never a good idea to speculate or assume any answers when giving a deposition.

On a final note, we want to let you know that you should go to a deposition dressed well and properly groomed. In these cases, “judging a book by its cover” does indeed occur. If you present a professional and clean look, this lets all parties involved know that you are serious about the case.

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