Will You Have to Answer Questions at a Workers’ Comp Deposition?
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Will You Have to Answer Questions at a Workers’ Comp Deposition?

When you go to your deposition for your workers’ compensation case, you will need to answer questions. This may make you nervous – what kinds of questions will be asked, and what will happen during the questioning? A deposition is important for your case, so knowing what to expect can help you do your best.

What Happens at a Deposition?

A deposition is a formal discovery tool used in workers’ compensation cases that are contested. In other words, the workers’ compensation insurance company has denied all or part of a claim for benefits. If you continue to pursue the benefits, at some point the insurance company may want to take your deposition. The insurance company takes your deposition to find out more information about your claims. In return, your lawyer may take the deposition of a doctor or of an employee at your company if needed.

During a deposition, one person asks the questions while another person answers. The person asking the questions is nearly always a lawyer. The person answering the questions often has a lawyer present in the room to protect their rights and help with their case. In addition, the person answering questions takes an oath to tell the truth during the deposition. A court reporter is present to type up a transcript of all the questions and answers.

What Kinds of Questions Will You Have to Answer?

At a workers’ compensation deposition, a few types of questions almost always come up:

  • Questions about how your injury happened
  • Questions about your medical treatment after the injury
  • Questions about previous injuries you had, both at work and outside work
  • Questions about your physical abilities
  • Questions about your job duties and return to work
  • Background questions about your personal identifying information (address, driver’s license number, birthdate, and similar)

It is very likely that you will know the answers to most of these questions right away. Carefully listen to each question before you answer, to make sure that you understand it. Knowing what to expect will help you if your deposition is taken.

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.