A deposition is a crucial part of the legal process in a workers compensation claim. It’s a recorded Q&A session where you, the injured worker, answer questions under oath about your injury and work conditions.
Depositions allow both parties to gather information to support their case, as you will be asked questions about your injury, job duties, work environment, and medical condition. Go prepared, answer questions honestly, and work with your North Carolina workers comp lawyer to build a strong case.
Why Are Depositions Taken?
There are a few reasons why depositions are commonly taken in workers comp cases:
- To lock in sworn testimony. If your claim goes to trial, your deposition answers can be used later in court.
- To assess the merits of your claim. Your testimony helps the insurance company determine if your injury claim is legitimate and compensable under NC law.
- To evaluate your credibility. How you handle the questioning can impact whether the insurance company believes your account of what happened. Your demeanor and consistency are evaluated.
- To possibly find grounds for denying your claim. The line of questioning may be aimed at revealing information that could justify denying or disputing your claim. Your attorney will prepare you for this possibility.
How Should You Prepare for a Deposition?
There are a few key steps you should take to prepare for a deposition in your workers compensation claim, including:
- Review your claim details, job requirements, and the accident events with your attorney.
- Listen carefully to each question and ask for clarification if needed. Only answer the question that is asked.
- Answer truthfully while only providing necessary details. Do not volunteer extra information.
- Remain calm and composed. Do not get angry, argue, or make accusations.
- Dress professionally, sit straight, make eye contact, and speak clearly. Your demeanor and body language also impact your credibility.
- Pauses are okay. Take time to understand the question and think through your answer before responding. Your attorney can also object if needed.
- Only change your testimony if needed to correct an honest mistake. Be consistent with the information already provided.
What Happens During a Deposition?
In a deposition, you’ll be asked questions about your job duties, the events leading up to your injury, and the injury itself.
The questioning is done to gather information and evaluate your claim’s strength. You’ll be under oath, so you must answer truthfully. Both your attorney and the insurance company’s attorney will be present. Your attorney can advise you and object to improper questions.
Who Can Be Deposed in a Workers Compensation Claim?
When filing a workers compensation claim in North Carolina, several parties involved in your case may be deposed. A deposition is a recorded interview where attorneys will ask questions about the details surrounding your injury. Anyone with information on your claim can potentially be deposed.
Employer Representative
Your employer will likely send a representative, like an HR manager or safety director, to provide details about your job duties, work environment, and events leading up to your injury. They will be asked about the details in the accident reports and whether proper safety procedures were followed.
Co-Workers
Co-workers who witnessed your accident or injury may be deposed. They can provide eyewitness accounts of what happened. Co-workers you regularly interact with can also testify to your typical job responsibilities and work conditions. Their statements can help support or refute claims made by your employer.
Doctors and Healthcare Providers
Any doctors, nurses, therapists, or other healthcare professionals who treated you for your work injury may be deposed. They will be asked about your diagnosis, course of treatment, recovery prognosis, and whether your injury was caused or aggravated by your job. Your medical records and bills may also be requested.
Vocational Experts
If your injury prevents you from returning to your previous job, vocational experts may evaluate your skills and experience to determine suitable alternative employment options. They can provide opinions on your ability to work and potential job retraining needs.
Contact an Experienced North Carolina Workers Compensation Lawyer
Workers’ compensation laws can be complicated. An attorney specializing in these cases will understand the system inside and out. They will review your medical records and the facts surrounding your accident to determine the best way to present your workers compensation claim.
During the deposition, your lawyer can object to improper questions, ask for clarification if needed, and ensure your rights are protected. With a North Carolina workers comp attorney by your side, you can feel more at ease answering the questions posed to you.
Call our office today at 919-328-2336 for a free consultation about your case.
