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What to Expect at a Workers’ Compensation Deposition

On Behalf of | Jul 1, 2021 | Workers' Compensation

A workers’ compensation claim in Georgia can repay you for the medical bills and lost wages you suffered due to an occupational illness or injury. There are steps and legal processes you will have to go through, however, before obtaining workers’ comp benefits. One of these steps may be a workers’ compensation deposition. Although a deposition sounds daunting, it doesn’t have to be intimidating. You can successfully get through a deposition with help from an experienced workers’ compensation attorney in Atlanta.

What Is a Deposition?

A deposition is an interview under oath with a party involved in a case. It is a recorded question-and-answer session that usually takes place in person in an attorney’s office or private room inside of a courthouse. You may be asked to testify during a deposition after filing a workers’ comp case since insurance companies typically question injured employees as part of the claims process. The purpose of a workers’ compensation deposition is for the insurance company to learn more about your accident and injury through direct questioning.

What Types of Questions Are Asked at a Workers’ Compensation Deposition?

During a workers’ compensation deposition, the parties in the room will most likely be you, your lawyer (if you have one), the lawyer taking the deposition on behalf of the insurance carrier and a court reporter. The reporter will create a written transcript of your deposition so that it can be used as evidence during your case. You will be sworn in, meaning you agree to testify truthfully and to the best of your knowledge. Then, you will be asked questions about your accident and injury or illness.

Some of the most common questions asked at a deposition include:

  • What is your full name and basic information?
  • What is your educational background and work history?
  • Have you ever filed a workers’ compensation claim before?
  • Do you have any prior accidents or pre-existing injuries?
  • How did the accident occur?
  • How soon did you see a doctor after your accident?
  • What is your injury diagnosis and prognosis?
  • What current limitations do you have because of your injury?

Listen carefully to the full question and ask for clarification, if necessary. Answer the questions with clear and succinct responses. Avoid overly long or narrative-style answers and do not volunteer any additional information. Take your time when answering questions and don’t be afraid to say you don’t know if you do not have the answer.

How Can You Prepare for a Workers’ Compensation Deposition?

You can prepare for a deposition during your workers’ compensation claim in Georgia with assistance from an attorney. An attorney can walk you through what to expect during a deposition, from what to wear and how to conduct yourself to the types of questions that will most likely be asked. The more you know about what to expect from a deposition, the more confident you will feel when the day arrives.

You can also prepare ahead of time by going over the accident in your memory and reviewing all of the notes and documents related to the accident. That way, the details will be fresh in your mind and it will be easier to answer questions about the accident. Reviewing all of the facts can also keep your story to the insurance company consistent.

Many injured workers in Georgia dread depositions or are nervous about attending them. It is generally a misconception that depositions are daunting or aggressive, however. It is much more likely that the attorney taking your deposition will be polite, courteous and calm. In addition, you have the right to take your time, ask questions and take as many breaks as you wish. You also have the right to bring an attorney with you to your workers’ compensation deposition for advice and assistance. For more information, contact Hilley & Frieder, P.C. today.