In many workers’ compensation cases, the facts are pretty clear and there aren’t any disputes as to what transpired. However, that’s not the case for all claims, and in these situations you may be called to a deposition to provide testimony of what happened on the day of your injury. This deposition occurs in front of a court reporter or while being recorded and your testimony is under oath, meaning you can be in big trouble if you’re caught lying.
The prospect of facing down a deposition can seem intimidating, but it doesn’t have to be if you know how to prepare for it. In today’s blog, we share some tips for acing your workers’ compensation deposition.
Deposition Expectations and Advice
During a deposition, the attorney for your employer’s insurance company will ask you questions about your accident and injury. Here’s how to be best prepared for their line of questioning.
Get A Lawyer – Not only can your lawyer prepare you for what questions to expect and how to answer the questions to the best of your ability, but they can also provide some legal assistance during the deposition. They can object to certain questions and ensure you aren’t headed down a potentially damaging path.
Be Truthful – During the deposition, it is in your best interest to be honest about what took place on the day of the accident. It is going to come out one way or another, and it can seriously hurt your claim if you are found to be lying under oath.
Avoid Oversharing – Now, it’s also important to make a distinction between being truthful and oversharing information that could hurt your case. Answer the question that was asked in as few words as possible, and get straight to the point. There’s no need to give excessive details that can put you in a negative light if you’re not being asked about it.
Clarification – It’s also very important that you fully understand the question that is being asked. If you’re confused by the wording, ask for clarification. Similarly, if you are unsure about an answer, don’t guess. Ask to get more information about what the other side is asking so you can give the most accurate answer possible. Giving wrong information, even if you’re not trying to, can also serve to tank your case.
Stick to Your Story – Finally, the last piece of advice that we can give is to stick to your story. If you know the truth and stick to that story, you’ll be in the clear. The deposition process can seem overwhelming at times, but focus on your story and what you know. The other side is going to try to get you to slip up, but if you stay true to your original story, you will be fine.
If you want additional assistance with your deposition, please don’t hesitate to contact Dean Margolis and his team for the legal help you need.