When you file a workers’ compensation claim after an injury, you will likely have to make a statement under oath regarding your injury. The insurance company processing the claim will use this recorded statement to approve or deny your claim. You must answer honestly during a deposition, but you can always ask for clarification – and “I do not know” is a perfectly acceptable response. Some of the questions you encounter in a workers’ compensation deposition may be related to:
- Identification and personal information. To confirm you are who you say you are, the attorney will ask you a series of questions regarding your identity, your address, education history, and personal information about your family and living circumstances.
- Employment information. You may need to answer questions about your current job as well as your previous employers, past injuries, claims filings, and why you left previous employers. You may answer the same questions over and over again regarding each prior supervisor.
- Accident information. The attorney questioning you may ask several details regarding the date and time of the accident, how it occurred, and any details you remember from the scene.
- Medical information. Your previous medical history and current treatment, diagnoses, and outcomes will come to light during a deposition. Questions about everything from previous car accidents to additional claims can help an insurer confirm you are telling the truth about your history and experiences. The examiner will likely have insurance records to confirm your statement. You may need to disclose disability information as well.
- The effects of the accident. In addition to what you remember from the day of the incident, you will likely have to make a statement regarding your treatment and the effect the injury has had on your life, including current disabilities, medications, and therapy a physician has recommended.
- Psychological injuries. If you claim psychological injury resulting from a workplace injury, you may have to answer in-depth information regarding your personal life. This may involve drug history, marital problems, and previous psychological history.
You will likely have to answer many questions that relate directly to your current employment, the incident, and your subsequent injury, but you may also have to prepare for queries that span across your life, including everything from your daily quality of living to who you reside with and how you feel about it. One of the best ways you can prepare for a deposition is to run through a list of questions with an attorney who understands how workers’ compensation depositions work.
If you have any concerns about your past, personal life, medical history, or other areas of your life, address them with legal counsel before you go into the deposition. Failing to answer truthfully could be considered an act of perjury. However, you will have an opportunity to review and correct your statement if you misspoke.
Tips for Answering Questions
Remembering what you should and should not do in a deposition can help you prepare for the question and answer session.
- Always allow the questioner to finish speaking, and take time to consider the question before replying.
- Use short, concise, verbal answers. Avoid using body language to convey answers.
- Take breaks as needed. You can step out of the deposition to go to the restroom or clear your head.
- Remain polite for the duration. Regardless of what you think an attorney is trying to prove with his or her line of questioning, stay calm. If you need to, take some time to speak with your own attorney before continuing with the session.
To find a legal team who can help you prepare for your workers’ compensation deposition, contact us today.