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Injured worker shakes hands with a lawyer at a deposition

Preparing for a deposition in your workers’ compensation case doesn’t have to be stressful. Whether you’re being deposed or helping a client get ready, knowing what to expect can bring your stress level down. Workers’ comp depositions follow a predictable structure. Here are some of the most common topics, plus a few sample deposition questions to consider.

Personal Background

Expect the deposition to begin with questions about your personal life. Attorneys often inquire about your name, date of birth, address, educational background, and work history. They might delve into your marital status and whether you have children. While it may come across like casual chit-chat, these questions help paint a picture of who you are and establish context for your case.

Employment History

Be prepared to discuss your past jobs in detail. Attorneys will likely ask about previous employers, job titles, duties, and the duration of each employment. They’re looking for any prior work-related injuries, so be upfront about previous workers’ comp claims to maintain credibility.

The Incident

You’ll need to provide a clear and concise account of the accident itself. When answering these questions, stick to the facts, keep your answers brief, and avoid speculation. If you don’t remember something, it’s perfectly acceptable to say so. Expect questions like these:

  • What were you doing at the time of the injury?
  • How did the injury occur?
  • Did anyone witness the incident?
  • Did you report the injury immediately?

Medical Treatment

Your medical care post-accident will be a focal point of your worker’s comp deposition hearing. The details demonstrate the seriousness of your injury and your commitment to recovery. Anticipate questions such as:

  • What initial medical attention did you receive?
  • What diagnosis did your healthcare provider give?
  • What treatments were prescribed, and did you adhere to them?
  • Have you received any ongoing therapies or medications?

Current Limitations

Discuss how the injury impacts your daily life and work capabilities. Be honest about your limitations without exaggerating. This helps assess the extent of your disability and determine appropriate compensation. You might be asked the following:

  • Are you experiencing ongoing pain or discomfort?
  • How has your daily routine changed?
  • What tasks are you unable to perform now?

Pre-existing Conditions

Attorneys will inquire about previous injuries or medical conditions, especially those related to the current injury. Full disclosure is crucial here. Attempting to hide past issues can backfire and harm your credibility. Remember, having a pre-existing condition doesn’t automatically negate your claim.

What Happens After the Deposition?

Once you’ve answered all the workers’ comp deposition questions, the court reporter will prepare a transcript of the session. You’ll have a chance to review this document for accuracy and make necessary corrections. Your attorney will guide you through this process to ensure your testimony accurately reflects your account. This transcript becomes vital evidence in your workers’ comp case.

Reliable Support for Every Deposition

At Talty Court Reporters, we utilize the latest technology to deliver the very best results in your legal case. Turn to us for top-quality court reporting and transcribing services, remote depositions, video and audio conferencing, and much more. For additional information about our services or to request a cost estimate, please contact us today.

Whenever and Wherever You Need Us, We’re There.