{"id":4415,"date":"2018-01-10T11:41:20","date_gmt":"2018-01-10T15:41:20","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=4415"},"modified":"2018-01-10T11:51:02","modified_gmt":"2018-01-10T15:51:02","slug":"what-happens-at-a-workers-compensation-deposition","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/what-happens-at-a-workers-compensation-deposition\/","title":{"rendered":"What Happens at a Workers\u2019 Compensation Deposition?"},"content":{"rendered":"

In North Carolina and Virginia, may times the insurance company for the employer will want to take your deposition. A deposition is on oral question and answer session which is recorded so that it can be transcribed and the discussion can be preserved. It is done under oath, just like you were in the courtroom. In most work injury depositions, the insurance company attorney will question the worker and your worker\u2019s compensation attorney will prepare you for the deposition. Preparation means explaining what questions the employer\u2019s lawyer will likely ask so that you aren\u2019t surprised when the real deposition takes place and also going over some general tips to help the deposition go smoother. \u00a0By reviewing the deposition with you in advance, and using the attorney\u2019s experience to prepare you for the deposition, the lawyer will also explain many practical suggestions so you can express your answers in a way that can best help your cause.<\/span><\/p>\n

In most depositions, that lawyer for the insurance company is polite and the questions are fairly straightforward. Occasionally, that is not the case. Either way, you should treat the deposition as a business meeting. No matter how nice the defense lawyer is, he or she is not your friend. Defense lawyers will try and derail your case, if given the opportunity to do so. <\/span><\/p>\n

Where and How Does the Deposition Take Place?<\/i><\/b><\/h4>\n

The deposition normally takes place either at your lawyer\u2019s office or the law office for the attorney for the insurance company\/employer. The questions and answers are usually in a lawyer\u2019s conference room and just you, your lawyer, the insurance company lawyer, and the stenographer or court reporter are present. Occasionally, particularly if your lawyer will also be deposing your supervisory personnel, a company representative may be present. Sometimes, albeit rarely, the insurance adjuster is present, but they will not be able to ask you any questions under oath. Only the defense lawyer and your own attorney can do that. \u00a0<\/span><\/p>\n

If you don\u2019t currently have a lawyer, we strongly suggest retaining an experienced worker\u2019s compensation lawyer before heading into a deposition. Please do not do that on your own. You may very well risk causing tremendous damage to your case. <\/span><\/p>\n

Remember, it does not cost you any money up front to hire a workers compensation lawyer. You will not have to stroke a check. <\/span>Attorney\u2019s fees in workers comp cases<\/span><\/a> are controlled by the Industrial Commission in North Carolina or the Virginia Workers Compensation Commission. <\/span><\/p>\n

In addition to thorough preparation of you prior to the depo, your lawyer may object to some of the questions that are being asked. \u00a0You lawyer can also ask you questions that can help clarify your answers once defense counsel has finished his or her line of questioning. <\/span><\/p>\n

When you answer the questions, you will be under oath. Testifying under oath means that you swear to tell the truth and to answer the questions to the best of your ability. The court stenographer is the person who will swear you in.<\/span><\/p>\n

What is the purpose of the Deposition? <\/span><\/i><\/p>\n

The deposition of a Claimant or Plaintiff in a Workers Compensation Case Generally has Four Purposes: <\/span><\/p>\n

    \n
  1. To obtain information from you directly about the facts of the accident, your treatment and injuries, witnesses you may have, and your course of treatment. <\/span><\/li>\n
  2. To \u201clock you in\u201d to your testimony in relation to these things under oath, so that you cannot say something different at hearing. If you do, you will be confronted with your deposition statement by defense counsel on cross examination. <\/span><\/li>\n
  3. To determine what kind of witness you are. Are you someone the Deputy Commissioner is likely to find credible? <\/span><\/li>\n
  4. As a tool to help the defense attorney evaluate the claim and make recommendations to the insurance adjuster about whether to make offers of <\/span>settlement<\/span><\/a> prior to hearing, whether to \u201ccave\u201d and agree to the Award, or whether to gather the troops and push on to hearing. <\/span><\/li>\n<\/ol>\n

    The types of questions that will be asked at the deposition<\/i><\/b><\/h4>\n

    The insurance company lawyer will generally ask you the following:<\/span><\/p>\n