If you’re still recovering from the injury, answering questions from the other party’s attorney may sound draining and stressful. However, not all workers’ compensation cases have a deposition, and in those that do, it may help your claim.
A workers’ compensation deposition allows the insurance company to obtain information about the circumstances surrounding your workplace injury. However, it can also be a great tool for your attorney to strengthen your workers’ compensation case and establish facts.
In this article, we will explain the purpose of a deposition and the situations in which it may be necessary.
What is a Deposition?
A workers’ comp deposition is an out-of-court testimony in which a court reporter records your testimony and produces a written transcript. The employer’s or the insurer’s attorney will ask you questions about yourself and the workplace incident.
You must answer questions in a deposition truthfully, as you do under oath. Everything you say holds the same importance as if you were speaking in court, and not answering truthfully can have serious consequences. The injured worker’s attorney can also be present during the deposition.
Depositions usually take place in a conference room, which is a mildly informal setting. Few people are allowed in the room because the information obtained is considered confidential. The court recorder will make a video of the deposition and create a transcript after the workers’ comp deposition. Then, both parties will have access to the transcript.
The Purpose of Depositions in Workers’ Comp
Depositions in workers’ compensation cases have three primary purposes.
First, they let the attorneys gather information about the accident.
Second, they preserve testimonies, ensuring each witness testimony is recorded and usable throughout the case, even if the witness becomes unavailable.
The third purpose is assessing the credibility of witnesses. The way a witness answers questions and behaves during the process helps attorneys understand how reliable and consistent the witness is.
In case of the injured worker’s deposition, they may ask about:
- The worker’s background information, such as whether they’re married
- Prior work history
- Prior injuries and medical history
- How and when the accident occurred
- When and where they received medical attention
- The injured worker’s past and future medical treatment
- The impact of the work injury on their daily life
- Details about reporting the accident
- More personal questions if your injury was psychological
When Depositions Are Common in Workers’ Compensation Claim
Workers’ compensation depositions are common in more complex cases, such as when they are contested, go to trial, or when conflicting information exists and the insurance company needs to establish the facts.
Contested Cases
Depositions often come into play when the insurance company denies a claim or disputes some aspects of the case. For example, when the insurance company believes the injury is not work-related or is not as severe, it may request a deposition.
In these cases, it may request a deposition from the injured worker, a medical professional, or a witness to support its case. Your attorney may also request a deposition testimony to strengthen your claim and protect your rights.
Litigated Cases
A deposition is almost always requested when a workers’ compensation case goes to trial before a judge. In litigated cases, depositions are crucial in building both sides’ arguments. Since trials depend on evidence, depositions help get all the relevant information on record.
Your attorney will use them to gather and preserve testimonies to support your claim, while the insurance company may try to use them to dispute it. For example, if you hurt your back on the job and the disputes your claim, both sides will be able to examine you and your doctor under oath.
Cases with Conflicting Information
A deposition may clarify discrepancies or inconsistencies in the evidence, whether it’s medical documents, witness statements, or your account of the incident. This helps both sides iron out inconsistencies before the workers’ compensation case moves forward.
For instance, suppose that the worker was in a car accident while driving their personal vehicle for their company, but the medical records don’t clearly connect the injury to the accident. The worker or their doctor may be asked for depositions to explain how the accident occurred or how it led to the injury.
When a Workers’ Compensation Deposition May Not Be Necessary
Workers’ compensation depositions are usually unnecessary in simple cases. In these cases, the employer and the injured worker agree on the facts and the settlement, or the insurance company offers a satisfactory settlement early on.
Straightforward and Uncontested Cases
Some workers’ compensation cases are straightforward and require no depositions to clarify things. These are cases that fulfill the following conditions:
- The injury is clearly work-related – For example, a construction site worker falls from the scaffolding, and there are several witnesses.
- The employer accepts responsibility – The employer quickly admits the site manager didn’t follow safety protocols and takes responsibility. This makes the injury work-related, and there are no disputes about it.
- No disputes over treatment or benefits – The worker and the employer agree on the recommended treatment and rehabilitation, as well as the benefits the worker should receive.
Early Insurance Company Settlement Agreements
Some workers’ compensation claims are settled early in the process before any disputes arise. Depositions are usually unnecessary, as both parties likely agreed on what happened and how the injury needs to be compensated.
Early settlements can save time and resources for both sides, as there is no need to question witnesses or gather additional information. However, they are not always suitable for the injured worker, as insurance companies sometimes pressure workers into accepting the first deal.
Who May Be Deposed
A workers’ compensation carrier or the worker’s attorney may ask for depositions from the injured party, co-workers, bystanders, or witnesses. Some cases require expert witnesses such as doctors, safety experts, or vocational experts.
The Injured Worker
The injured worker is usually deposed to explain how the injury occurred and how it impacts their ability to work and function in daily activities. The workers’ compensation deposition allows them to share their view of the accident under oath.
The lawyer representing the employer may ask them to describe their symptoms, rate their pain, name treatments and therapies they’ve been undergoing, and list what tasks they are unable to do because of the injury. They may also answer questions about how they reported the accident.
Medical Professionals
Doctors and medical providers may be deposed in workers’ compensation cases to clarify your medical history, offer opinions on the injury, and outline treatment recommendations.
The doctor’s deposition explains the injury’s nature and severity and its connection to the job. It can strengthen your case by addressing any inconsistencies in your records and determining if a prior injury affected your current state.
A doctor’s opinion on treatment can also help you determine future medical expenses, which can help you recover the costs through compensation.
Witnesses
The insurance company or your attorney may ask for depositions from co-workers or witnesses, like supervisors, safety inspectors, bystanders, maintenance, or first responders. They will be asked to provide their account of the accident or the conditions in the company that contributed to it.
For example, if a worker was injured in a machinery accident, co-workers can confirm they followed safety protocols or the machine was poorly maintained. Firsthand information can support your workers’ compensation claim and prevent the insurer from blaming you.
The Role of a Workers’ Compensation Attorney
Our Chicago personal injury attorneys are experienced with workers’ comp can help an injured employee prepare for depositions. While you may feel anxious about a deposition, we can help you use a worker’s compensation deposition to strengthen your case.
Preparing You for Your Deposition
An attorney understands workers’ compensation laws and how the legal proceeding works. You can review relevant documents and information together and have a practice deposition.
Our Chicago workers’ compensation lawyers can help you understand the process. Injured workers often over explain their view of the accident. The attorneys representing the other party may use this against you. It’s crucial to use short answers.
We will prepare you for the questions and protect your rights during the deposition process. We will inform you what you don’t have to answer, object if opposing counsel asks you inappropriate questions, and intervene if the other party compromises your rights.
Conducting Depositions of Other Parties
If you hire our workers’ compensation law firm, your attorney can depose medical providers, employer representatives, and other witnesses to gather evidence and build a strong case for you.
We will know how to ask your co-workers the right questions to describe your safety practices and actions before the injury. Employer representatives such as safety inspectors or supervisors can provide depositions that point to negligence, and experts can describe your injury and its impact.
Finally, your lawyer can gather additional evidence, such as accident reports and footage from your company.
Using Depositions to Your Advantage
A skilled attorney will use depositions to strengthen your case. This includes highlighting inconsistencies in other witnesses’ testimonies and confirming facts to build a narrative that helps your case.
Your lawyer can use them to negotiate a favorable settlement, including compensation that covers your expenses and appropriate workers’ comp benefits. Even if you had a previous injury, we can show how the work accident worsened it.
With depositions from expert witnesses and medical providers, it will be harder for the insurer to deny your claim or minimize your need for treatment.
Finally, your attorney can use deposition transcripts to cross-examine witnesses and reinforce critical points if your case goes to trial. We will use them to present a compelling argument during the trial.
Secure Expert Legal Representation!
Workers’ comp lawyers at Rosenfeld Injury Lawyers are skilled, experienced, and compassionate. If you suffered an injury at work, we can help you recover medical bills and lost wages and receive the workers’ compensation benefits you rightfully deserve.
If you need to give a workers’ comp deposition or have any questions about them, contact us for a free consultation. Reach out through our form or call (888) 424-5757 to discuss your situation and legal options.