If you just found out that you have to appear for a second day of your workers’ comp deposition, you may wonder why. While second days of deposition are not very common in workers’ compensation cases, they sometimes happen.
Why Might the Insurance Company Request a Second Day of Deposition?
Usually insurance companies take only one deposition of an injured worker. The deposition takes only an hour or two. It is all over very quickly. Sometimes, though, the insurance company decides that a second day of deposition is necessary. This could happen for a few key reasons:
- The injured worker’s physical condition has changed a lot since the last deposition
- A very long time has passed since the last deposition
- The injured worker has returned to work or changed jobs since the last deposition
- The injured worker has initiated another legal case related to the injury
- Some other big change in the case has occurred
Initiating another legal case related to the injury could spark a second deposition because of information alleged in that other case. For example, the insurer might find out that the worker filed a personal injury case. In the case, the worker might have said that the injury happened differently or did not happen at work, contradicting his or her workers’ compensation allegations.
What to Do If You Have to Appear for a Second Day of Deposition
Treat the second day of deposition just like the first – answer the questions truthfully and to your best ability. You may want to seek legal advice before the deposition if you do not already have a lawyer. This is because a second deposition may be a sign about your case. The insurance company may want to settle or be doubling down on the need for a hearing, or there may be an issue with the other case you filed. A lawyer can not only defend you at the deposition but also help you with the rest of your case.
Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
