Common Questions Asked During a Workers’ Compensation Deposition
A deposition is a vital step in the workers’ compensation claims process. This step happens before a case goes to a hearing or trial. The purpose of a workers’ compensation deposition is to gather sworn testimony from the claimant (the injured employee) and other involved parties, such as expert witnesses and eyewitnesses, as part of the discovery phase. The deposition stage is crucial for building a clear picture of the case and determining its validity. As the injured worker, during your deposition, the legal representative of your employer or the insurance company will ask you detailed questions to understand the circumstances of your injury, the extent of the injury, and the impact the injury has had on your ability to work and life. Whatever you say during your deposition can impact your case. To help you have a smooth deposition, we look at some of the questions you might be asked during your workers’ compensation deposition.
Questions You May Be Asked During Your Workers’ Compensation Deposition
Many of the questions you’ll be asked during your deposition will seem innocent. However, you need to be careful. Often, in any deposition of an injured employee, the opposing attorney is trying to uncover facts they can use to discredit the employee. Just one wrong answer can jeopardize your case.
The following are some of the topics that will likely be covered during your workers’ compensation deposition;
Personal and General Background
The opposing attorney will likely start with some questions about your personal background. These questions are designed to help the opposing attorney learn some basic facts about you. They may include;
- What is your name, date of birth, and address?
- Are you married?
- Do you have children?
- What is your educational background?
Employment History
Next, the opposing attorney may ask questions about your work history. You might need to answer questions about your previous jobs and your job at the time of the injury. You might be asked the same questions repeatedly about each job.
Prior Accidents and Injuries
The opposing attorney will ask about any prior accidents or injuries. You might be asked whether you’ve suffered any previous injuries at work or outside of work. It is crucial that you talk to your attorney about any prior injuries so they can guide you on how to answer these questions. A previous accident or injury could be used against you.
The Workplace Injury
The opposing attorney will want to know about the workplace injury. Questions you may be asked include;
- Can you describe what happened?
- What were you doing at the time of the accident?
- Did you report the injury to your employer? If so, when and how?
- What did you do immediately after your injury?
Ensure you stick to the facts. Avoid guessing or making inaccurate or false statements, as this could hurt your credibility or lead to legal consequences. Lying could lead to charges of perjury.
Medical Treatment
The opposing attorney will want to know about the treatment you’ve received. They will want to know about the recovery process of your injury. The opposing attorney may ask how fast you sought treatment and who evaluated your condition.
Current Restrictions
Finally, the opposing attorney will want to know about any physical restrictions you are facing (temporary or permanent).
Contact Us for Legal Help
For help with your case, contact our Vermont workers’ compensation attorney at Sluka Law PLC to schedule a consultation.
