If you are going to attend a workers’ compensation deposition for your case, or you just finished one, you may wonder why a deposition is so important. The questions that get asked at a deposition may seem boring or benign. But in truth, the answers given can greatly help or greatly hurt a case for benefits.
The Purpose of Taking a Deposition
Insurance companies take depositions because they want to gather information or confirm something about an injured worker’s case. Because people being deposed take an oath to tell the truth, the answers they give can be used against them at a workers’ comp hearing. For example, an injured worker may give one answer at the deposition, but the insurance company may find evidence that the true answer is the opposite. Insurance companies commonly put workers under surveillance to locate this evidence.
Once the insurance company has answers from the deposition and other evidence such as documents or surveillance video, it will use any contradictions as leverage. This leverage may either help it at the hearing or help it in settlement negotiations.
In contrast, a lack of contradictions between the testimony and the other evidence can help an injured worker’s case. This may provide him or her leverage in negotiating a settlement. As a result, it is extremely important that workers being deposed do their best to tell the truth and give complete answers at the deposition.
How Can You Prepare for the Deposition?
In practice, most people do little to prepare for a workers’ compensation deposition. It only takes a few hours and the questions are straightforward. You can make sure that you get a good night’s sleep and are not hungry, thirsty, or under the influence of any substances. Also, you should bring some form of identification with you (such as your driver’s license), as well as any documents that the insurance company has requested that you produce that day. Your lawyer can help you with any additional preparation or questions that you may have.
After the deposition, you may have questions about it as well. You will have the chance to review the transcript, so take an opportunity to check in with your lawyer at that time too.
Are you struggling to fight your workers’ compensation case without a lawyer? 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.
