Being Deposed For Workers' Comp

If you've been injured at work, you may be asked to participate in a disposition. While you may be initially alarmed at the prospect, a deposition is a very common procedure with workers' comp claims and is nothing for you to be worried about. If you are still a bit uncomfortable about it, that may be because you are not familiar with it. Read on for a better understanding of what to expect with your workers' comp disposition.

What is a deposition?

When it comes right down to it, a deposition is nothing more than a question and answer session about your case. You will be disposed, and any witness to your work-related accident will also be questioned under oath. Rather than a courtroom, the deposition will probably occur in a conference room at a law firm and it will be recorded. While this can be a somewhat casual and low-key event, you should be prepared to testify and to do so honestly and accurately.

What happens during a deposition?

Most insurance or workers' compensation depositions follow the same general schedule, so you can expect the following to occur:

  1. Background: You be asked questions that should be fairly easy to answer, such as your name, address, education and work history. You may also be asked about any past workers' comp claims.
  2. Preexisting conditions: If you were already suffering from certain medical conditions, the other side will want to know about them and whether or not they are related to your accident or illness.
  3. The accident: In most cases, your summary of how the accident happened is short and sweet. You may be surprised about this and think it's the main point of everything, but this part actually holds little interest for the insurance company since workers' comp is considered to be a "no-fault" type of injury. You can expect a bit more interest if the accident occurred in unusual circumstances (like away from work) or was a repetitive stress injury that occurred over a long period of time.
  4. Medical treatments: You may need to use your notes here since you will need to speak about all of your doctor's treatments up to now.
  5. Current status: If you are still suffering from the injury, you will be asked about any current physical limitations you may have. This is an important issue, particularly if you are suffering from a permanent injury.

Having an attorney with you can bring you quite a bit of support during your deposition, so contact a workers' comp attorney to protect your right to workers' compensation. Contact your local legal services for more information and assistance.