What will they ask in a Deposition?

 Posted on October 10, 2022 in Workers’ Compensation

Not all workers' compensation claims can be successfully resolved without going through the litigation process. A key component of the litigation process is your deposition. Most workers' compensation depositions of an injured worker follow a similar pattern and cover similar topics. The following list includes questions an injured workers is ordinary asked.

Personal Information About Yourself: Such as What is your marital status? What is the highest level of education you have attained? Have you ever been convicted of a crime? What is your immigration status?

These questions are intended to obtain general information and give the defense counsel an opportunity to gauge your personality and how you respond.

Previous Employment: The opposing counsel will ask you if you ever had a prior on-the-job injury. It's critical that you answer truthfully even if you had a previous injury. You will also be asked if you have ever been terminated by any prior employers.

You must give truthful responses to these and all other questions, because you are under oath when you are at a deposition.

Previous Medical History: You will be asked about any prior accidents or injuries, such as mva accidents/work injuries/sports related injuries. If you did have a prior injury, what type of treatment did you receive for that specific injury.

Description of the On-The-Job Accident: Please explain your accident and your injuries to the best of your ability. Remember that workers' compensation is a no fault system, and even un-eye witness accidents can be deemed compensable and accepted by the workers' compensation carrier. You should explain how your accident occurred to the best of your recollection.

Your Current Medical Treatment.

Please describe the treatment you are currently receiving if any and with what doctors you are currently treating, you will be asked whether or not the treatment has improved your condition. You will be asked if you believe you are physically capable of performing your normal job duties. You will be asked if you have worked at any location after the date of your work injury.