Employers in the United States are required to carry workers’ compensation insurance. This insurance provides benefits such as wages and medical bills for workers who get sick or injured on the job and cannot continue working in the same capacity.
Although an injured worker may apply for workers’ compensation benefits, the insurance company is not always quick to approve their claim and pay the total amount.
In some workers’ compensation claims, the injured parties must participate in a deposition. This legal process determines more information about the injury or illness and whether it warrants the benefits the injured worker claims.
What is a Workers’ Compensation Deposition?
A workers’ compensation deposition is a legal procedure outside the courtroom. It usually involves the injured worker or a witness, a workers’ comp lawyer, the insurance company’s attorney, and a court reporter.
The witness answers questions from the defense attorney regarding the case. The court reporter records the deposition and creates a transcript. Sometimes, a representative for the company that employs the worker is also present.
A workers’ compensation deposition aims to uncover evidence about the case to prepare for a settlement or trial under oath. The insurance company lawyer will typically attempt to undermine or minimize the injured worker’s claim to avoid a large settlement.
Potential Outcomes After a Deposition
The deposition process may look different depending on your case’s circumstances. While most depositions occur in person, some can be done remotely. Multiple outcomes may result from your workers’ comp deposition.
Settlement
Many workers’ compensation cases are settled before a trial becomes necessary. The injured employee and the insurance company agree on the benefits the victim will receive during a settlement. The benefits are based on the extent of the injury or illness and its impact on the individual’s life.
The deposition testimony helps facilitate the settlement because it involves evidence from the case that supports the worker’s claim. A successful deposition would result in a settlement that covers all your losses caused by the workplace injury or illness.
Trial
If a settlement cannot be reached after your workers’ comp deposition, the next step could be a trial before a judge. This is another formalized process where the judge will hear from you and your lawyer regarding your right to workers’ compensation benefits.
The judge will also hear from the insurance company’s attorney. Then, the judge will determine your claim’s validity and the settlement’s size.
Additional Discovery
Even after a successful deposition, more information could be required to resolve the case. In this scenario, the claim will re-enter the discovery phase to uncover more evidence based on discovery requests from either party.
Additional evidence could include interrogatories, witness statements, or official documents. If a settlement is not reached after this second discovery phase, another workers’ compensation deposition may be necessary. Additional information may also be presented during court proceedings.
Post-Deposition Strategies
Once the deposition begins, you are under oath to tell the truth to the best of your knowledge. The attorney for the insurance company will attempt to minimize your injuries or undermine your claim. You and your lawyer must be prepared to answer questions truthfully to support your claim. Several strategies can improve your chances of acquiring maximum benefits.
Review the Transcript
Since you are under oath during a deposition, you should ensure everything you stated for the record is accurate. The court reporter will provide a deposition transcript that details everything said during the meeting.
Review the written transcript to ensure everything you said is factual, and you didn’t misrepresent information. Reviewing this information could help you prepare for the next stage of the process, whether that means further discovery or a trial.
Consult With Your Attorney
Ideally, you had a lawyer during the deposition to ensure you were prepared and answered all questions safely. Now that the deposition is over, it is an excellent time to speak with your lawyer and review the transcript together.
Did you say anything that could undermine your chances of winning the case? If additional steps are required to resolve the case, how should you approach them while protecting your legal rights? Consulting your lawyer after the deposition is necessary to assess the impact of the proceeding on your workers’ compensation case.
Gather Additional Evidence
You may need to gather more evidence to support your claim. Perhaps the other lawyer’s questioning revealed gaps in your story that may result in fewer benefits from the insurance company.
Now that you know what information is needed to prove your case, you can work with an attorney to gather more compelling evidence and support your claim. Evidence can include medical records, proof of medical treatment, bills, eyewitness statements, expert testimonies, images or footage of the incident, or correspondence documents.
Potential Next Steps After a Workers’ Compensation Claim
Resolving a workers’ compensation claim may not always involve a deposition. Once you have filed your claim, you can immediately receive the benefits you have applied for. There could also be a mediation process to resolve the claim. Arbitration is another solution that involves an arbitrator and a closed-door meeting between the parties involved to settle.
However, these procedures often favor the insurance company in workers’ compensation cases. Finally, if your case goes to trial, you must prepare. Before the trial occurs, there is a witness preparation stage and a jury selection.
Why You Need an Attorney
A workers’ comp claim is a legal process that can be overwhelming for the injured party. You need legal guidance since you need to answer questions truthfully during the deposition and potentially prepare for a trial. Here are a few reasons to hire an experienced attorney to help with your workers’ compensation case.
Legal Advice
Legal advice is crucial when you are preparing for a deposition or trial. It’s critical to understand what you should and shouldn’t say to preserve the integrity of your claim. Your attorney will know what questions the defense attorney may ask to trip you up.
Whether you are entering a deposition, arbitration, or trial before a judge, legal advice from your attorney could make all the difference in the outcome of your claim.
Negotiation With Insurance Company
A favorable settlement covers your financial losses from injury or illness. The opposing attorney for the insurance carrier will attempt to undermine your case. The adjuster assigned to your claim will try to offer you less than you may deserve. Your lawyer’s negotiation skills will be essential in earning a fair settlement that covers your losses.
Advocacy
Injured workers have rights under state and federal laws. In most cases, these worker’s compensation claimants do not understand the full scope of their rights. They may not know if their employers or insurance companies are violating their rights.
A lawyer is an advocate for your rights as an injured employee. Your rights will be upheld with their assistance, so you have the strongest chance of earning maximum compensation from the settlement.
Secure Expert Legal Counsel!
Hiring a lawyer is vital if you want a fair shot at the compensation benefits you deserve. You may think your case is simple, but your employer and their insurer may have other plans. Consulting with an experienced lawyer for guidance will help you navigate your deposition and the other steps for a greater chance of success.
The team at Rosenfeld Injury Lawyers is prepared to support you during your deposition and beyond. We can help you gather evidence, prepare for the deposition, answer questions truthfully and safely, and pursue maximum compensation.
Whether you haven’t filed your claim yet or are facing an impending trial, our Chicago workers’ comp attorneys are ready to serve your interests. If you aren’t sure whether your claim is viable, we offer a free consultation so you can ask questions about your case.
Call us at 888-424-5757 or complete the online form for your free legal consultation.