What Is a Deposition in a Workers Compensation Claim?

In workers compensation claims, depositions play a significant role in influencing the outcome. Depositions are recorded, and out-of-court testimonies are provided by a witness under oath. During a workers comp deposition, the injured employee will be asked to share details about the incident that led to their injury.

As any Columbus workers compensation attorney will tell you, providing a truthful account of events is the most important thing you can do to help your case. With preparation and by cooperating fully, your deposition has the potential to impact your case positively.

Reasons for a Workers Compensation Deposition

The primary reason for a deposition in a workers compensation case is to gather evidence. All parties involved, including you, your employer, and any witnesses, will be asked a series of questions about the details surrounding your injury.

Their answers will be recorded and used as sworn testimony in your case. Be prepared to give a complete and truthful account of how your injury occurred. Your deposition is your chance to make a good first impression. Answer questions thoroughly and honestly to establish your credibility.

The insurance company will be evaluating you to determine the legitimacy of your claim. Present yourself professionally and provide consistent details about your injury without contradicting yourself. Your confident and composed demeanor can help strengthen your case.

What Happens During a Workers Comp Deposition?

Before the actual workers comp deposition takes place, you’ll meet with your attorney to prepare. They will go over the types of questions that the insurer’s attorney may ask you and provide guidance on how best to answer them. Your lawyer will remind you to answer truthfully while being mindful that your words can potentially be used to deny or limit your claim.

Providing Background Information

The deposition will start with the insurer’s lawyer asking you questions about your background, work history, and medical history. They want to get a sense of who you are and look for any information that could be used to dispute your eligibility for benefits. Answer these questions honestly, but avoid volunteering any unnecessary details.

Discussing the Events Causing Your Injury

A significant part of the deposition will focus on the specific events leading to your workplace injury or illness. The insurer’s attorney will ask you to describe in detail what happened. They may ask you to draw diagrams or provide the names of any witnesses. Again, be truthful but cautious, as they are looking for inconsistencies to challenge your account of events.

your lawyer will prepare you for the deposition

Medical Questions

You can expect to answer questions about the nature of your injury or illness, your symptoms and limitations, and any treatment you have received. They may ask about pre-existing or unrelated medical conditions in an attempt to shift blame away from your workplace incident. Refer any complex medical questions to your doctor, as you want to avoid speculating beyond your actual symptoms and diagnosis.

How to Prepare for Your Deposition

Your Columbus workers compensation lawyer will be your most valuable resource during the deposition. Meet with them ahead of time to discuss the purpose of the deposition and review any documents that may be brought up, such as medical records, accident reports, and correspondence. Your attorney can advise you on how to handle difficult questions and object if needed.

Review Relevant Documents

Before the deposition, take the time to review any relevant documents, including medical records, accident reports, and any other materials related to your claim. Be prepared to discuss the details and chronology of events. Know the facts inside and out.

Understand Your Medical History

Your medical history will be a topic of discussion during the deposition. Go over your medical records with your lawyer and be ready to talk about any prior injuries or conditions, current treatments, prognosis, and work restrictions. Discuss how the work injury has impacted your life and ability to do your job.

Practice Answering Questions

Your lawyer may conduct a mock deposition to help prepare you for questioning. Participating in a practice run-through can help boost your confidence and get you accustomed to the types of questions that may be asked.

Listen carefully to the questions and take your time answering. Provide complete but concise responses. Don’t feel pressured into guessing or speculating. It’s okay to say, “I don’t know,” or “I don’t recall.” Your attorney can follow up with additional details.

Contact an Experienced Workers Compensation Lawyer in Columbus

Before your workers comp deposition, it’s important to contact an experienced Columbus workers compensation lawyer to review your testimony. An attorney can identify any issues with your answers and advise you on the next steps to strengthen your case.

Call us today at (833) 406-0060 to schedule a free consultation with one of our experienced lawyers. We understand going through a workers comp claim can be difficult and stressful, and we are here to help you every step of the way.