When an injured worker appeals a denial of workers’ compensation benefits, the insurance company will prepare for the hearing in part by gathering evidence directly from the injured worker in a deposition.
A deposition is sworn testimony provided outside of court. In a workers’ comp case, the injured worker is questioned by an opposing attorney representing an insurance company about the circumstances of their work injury. A deposition is used to gather information, bring to light facts for further investigation and fact-check courtroom testimony. If there are discrepancies between your deposition and courtroom testimony, you could lose your case.
As your workers’ compensation lawyers in Kentucky, Morgan, Collins, Yeast & Salyer can help you understand what to expect in a deposition and attend the deposition with you to protect your rights. Contact us at (877) 809-5352 for a free initial consultation about your workers’ comp claim.
Likely Deposition Questions in a Workers’ Comp Claim
In sworn testimony, you should answer questions as truthfully and accurately as possible. Keep the answers short and avoid speculation. If you don’t know, say so. If you’re not sure, use a phrase like, “To the best of my knowledge, …” or “As I recall, …” In a workers’ comp deposition, you can expect to respond to questions such as:
What are the specific issues in your case?
The question will be more to the point, such as: How did you come to fall and hurt your back? Keep your answer short and to the point. Explain what job duty or workday activity you were performing and what happened to cause your on-the-job injury.
Did your injury occur during the course and scope of your employment?
Your answer to this must be “Yes,” or you do not have a claim. When a lawyer asks you to explain, explain what you were doing when you were hurt and how it fits within the scope of your job.
Do you have any prior pains, injuries, complaints, treatment, or accidents?
This is one answer where more is better. List every accident, injury, and illness that ever caused you to see a doctor or take time off from work or school. Name anything a workers’ comp investigator might find a record of in your medical file. Being forthright can prevent the other side from accusing you of trying to hide a pre-existing condition.
Were there any witnesses to your accident?
Name people who you know saw the workplace accident. State that you do not know what they can testify to. Let the witnesses speak for themselves.
What medical treatment have you received for your injuries?
Have you followed all the doctor’s orders? Can you provide medical records as evidence? Explain the treatment you have received and discuss how you have followed the doctor’s orders. Your attorney will gather your medical records related to the treatment of your workplace injury.
Is there anything that you can’t do because of your workplace injury?
Your injury may have left you unable to handle the physical demands of your job or limited your ability to perform the tasks without pain. Your injury may make things harder or painful. After a work-related head injury, for example, you may say, “I used to love to read. Now I can’t focus long enough to finish a page.” Your workers’ compensation lawyer will help you prepare for the questions you are likely to be asked during a deposition.
Contact a Kentucky Courage workers’ compensation attorney at Morgan, Collins, Yeast & Salyer to review your work-related injury and discuss the workers’ compensation benefits available to you. And don’t worry, our consultation is free and personalized.
