What Happens in a Workers’ Comp Deposition
Injured workers who file workers’ compensation claims may need to attend a deposition. Here’s what you need to know about a workers’ comp deposition.
The injured worker or the insurance company may hold depositions and question witnesses about the injurious event. The attorney heading the deposition will ask questions relating to the worker, the injury, the workplace, and the event to learn about the claim. The deposition may be held in a conference room or remotely and is a recorded, legal proceeding where all parties answer questions under oath.
What is a Deposition for Workers’ Comp?
A deposition is a recorded, legal proceeding held outside the courtroom before a trial where witnesses answer questions under oath. Depositions for workers’ comp claims involve asking injured workers questions about the injury’s events. The deposition is the main way an insurance company can learn about the worker’s injury, other than medical reports.
The workers’ compensation deposition aims to learn about the claim, obtain specific information about dates, times, and witnesses to investigate the claim, and compare the injured worker’s testimony with information the insurance company has from other sources.
The court can depose any party involved in a workers’ compensation case. The injured worker and the insurance company can question witnesses before the trial. Common witnesses include supervisors, coworkers, surviving relatives if they are claiming death benefits, and doctors. The people present at the deposition are an attorney for the insurance company, a court reporter, the injured worker or witness, and an employer representative.
Related: Workers’ Compensation Laws & Requirements By State
What to do Before the Deposition?
Before the deposition, the worker or witness should refresh their memory about the accident, injuries, symptoms, exact dates of missed work, and any other issues surrounding the date and type of injury. An attorney or representative may help prepare for the deposition.
What Happens at a Deposition?
Depositions are usually held in a conference room at law firms but may be held remotely through telephone or video conferencing if both sides agree. The worker, the worker’s lawyer, the lawyer taking the deposition, and the court reporter will be present for the deposition.
The court reporter will swear the worker in for the court record and verify the worker understands the obligation to be truthful. While being deposed, the worker is under oath and must truthfully answer each question. Purposely lying while being deposed may lead to a worker being found guilty of perjury, and the lie may hurt the workers’ compensation case.
The lawyer conducting the deposition will give the worker a brief overview of the deposition process and guidelines to follow during the testimony.
Related: California Workers’ Compensation Laws
The attorney will ask a series of questions regarding the worker, including:
- Background information including identifying and living situation,
- Prior work history,
- Prior injuries or accidents and medical records,
- Details of the injury,
- How the current injury occurred,
- Treatment the worker received after the injury,
- Medical treatment after the injury,
- Current limitations due to the injury
- Job duties and tasks, and
- Any other information is relative to the injury.
General guidelines to answer deposition questions include:
- Listen and wait before answering the question,
- Clearly and verbally answer questions,
- Do not volunteer information, and
- Avoid guessing.
After the Deposition
The court reporter will send a transcript of the deposition to the worker. The worker will have the opportunity to review the transcript and make any changes if necessary. The changes may include any information the worker believes was written incorrectly or wishes to change their testimony.
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If you or a loved one would like to learn more about Handle Workers Comp Deposition, get your free consultation with one of our Employment Attorneys today!