One of the best ways you can prepare for a deposition is to run through a list of questions with an attorney who understands how workers’ compensation depositions work. If you have any concerns about your past, personal life, medical history, or other areas of your life, address them with legal counsel before you go into the deposition.
Full Answer
In a workers’ compensation case, a deposition is a legal proceeding, outside of a courtroom and prior to trial, in which an injured worker is questioned under oath about the circumstances surrounding the injury. An attorney for the insurance company, known as a defense attorney, conducts the injured worker’s deposition.
There are two ways that your attorney can help you prepare for your workers comp deposition. First, he can give you a handout with background rules and advice on giving a deposition. Second, he can meet with you, in person or by phone, and conduct a practice deposition.
7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-13_09-33-18. If you're seeking workers' comp benefits after suffering a work-related injury or illness, you may have your deposition taken at some point in the process. A deposition is a recorded session during which witnesses answer various questions under oath.
Sep 17, 2021 · In this video, I walk you through my tried and true technique for preparing injured workers for their workers' compensation depositions transforming them fro...
A deposition is the questioning of a witness under oath outside of a courtroom. The injured worker's deposition is the most important deposition ta...
The workers' compensation deposition of an injured worker is to: learn about the claim obtain specific information about dates, time, and witnesses...
The injured worker is sent a notice of deposition indicating the date, times, and location of the deposition, which will generally take place in a...
The insurance company attorney will ask about: the details of the injury prior work history how the injury occurred medical records, including prio...
The transcript is given to the doctor who evaluates the injured worker for temporary and permanent disability. During the deposition, the defense a...
If any party has questions about a doctor's report, either one can depose the doctor. Whatever answers the doctor gives can later be submitted at t...
The deposition is one of the primary ways the insurance company will learn about the extent of the injury and medical history. It can determine how...
After the deposition, the court reporter will send a transcript to the injured worker. He or she will have an opportunity to review the transcript...
In a workers’ compensation case, a deposition is a legal proceeding, outside of a courtroom and prior to trial, in which an injured worker is questioned under oath about the circumstances surrounding the injury. An attorney for the insurance company, known as a defense attorney, conducts the injured worker’s deposition.
The deposition is one of the primary ways the insurance company will learn about the extent of the injury and medical history. It can determine how the insurance company values the case and how strongly it will dispute the claim.
The deposition can last from an hour to all day, depending on the claimed injury and the style and strategy of the attorney. The injured worker can request to take a break at any point. However, the attorney may ask for the answer to any pending question before the worker takes a break.
The insurance company schedules Lance’s deposition and in attendance is Lance’s manager, Greg. Lance does not want to answer questions about his medical and psychiatric history with Greg in the room. However, Greg did not cause Lance’s psychiatric injury. Lance cannot show good reason why Greg cannot be present.
The court reporter creates a written recording of the deposition and prepares a transcript. The insurance company pays for the court reporter. If the injured worker refuses to attend his or her deposition, the case can be suspended. 6 The insurance company has a right to investigate the claim.
Doctors do not testify at trial. Therefore, the only way to have a doctor’s “testimony” is through a deposition. The written transcript of the doctor’s deposition can be submitted at trial. The rules for taking a deposition in a workers’ compensation case are taken from civil court rules. 2.
First, he can give you a handout with background rules and advice on giving a deposition. Second, he can meet with you, in person or by phone, and conduct a practice deposition.
Treat the deposition the same way you would treat an interview or a court appearance. For men this usually means wearing slacks, a long-sleeved button up shirt, and dress shoes. Do not wear shorts, jeans, tennis shoes, sandals, or a hat. For women this usually means wearing a blouse with slacks or a skirt.
A deposition is a question-and-answer session under oath. During a deposition lawyers for the parties will ask a person questions. The person being question is called the deponent. The deponent must answer the questions as though they were giving testimony at a workers compensation hearing. That is the purpose of making ...
Usually your deposition is held in your attorney’s office. Sometimes the deposition will take place in the insurance company’s office. If you do not live close to your attorney or the insurance company’s attorney, then your deposition may take place in a conference room near where you live.
Rule 1.8 (G) of the Rules of the Workers Compensation Commission explains when and how depositions are taken in workers comp cases. It states that the parties, meaning you and your employer, may take the deposition of any person , including the opposing party.
If you're seeking workers' comp benefits after suffering a work-related injury or illness, you may have your deposition taken at some point in the process. A deposition is a recorded session during which witnesses answer various questions under oath. Because insurance carriers often depose injured employees as a matter of routine ...
The court reporter's role is to make a written transcript of the deposition, so that it can be used as evidence in the case. Even though the deposition takes place in an informal setting, you will be testifying under oath, just as if you were in a courtroom.
It's important to be polite, calm, and clear when answering questions. The lawyer will be sizing you up, in part, to see what kind of witness you would make. If you come off as a reasonable and credible person, you will fare much better in your case.
If you have filed a civil lawsuit in your personal injury case against the at‐fault driver, person, corporation, or entity that caused your injuries, then at some point the defense attorney representing the other side will take your deposition.
A deposition is a question‐and‐answer session between the attorneys to a lawsuit and a witness (the deponent) where the witness’s answers are given under oath, taken down in writing by a court reporter and used by the attorneys to prepare for trial. In fact, deposition testimony can also be used in court at trial.
To see what you look like, hear you speak and see how you might present to a jury. The deposition is the only opportunity the defendant’s attorney can speak to you about the case prior to trial, and often it is the first time the defense attorney will see the plaintiff.
A deposition is typically held in a lawyer’s office with lawyers for each side present, a court reporter and the parties to the lawsuit. While the deposition process can seem informal, it is extremely important because what you say can be used against you.
Opposing counsel may attempt to ridicule your story or contrive ways to suggest that you are not telling the truth or are in error. He or she may even attempt to put words in your mouth by getting certain admissions from you with confusing and leading questions. For these reasons, you must be on guard and prepared.
1. Be prepared. You should review the facts of your case with your attorney so that your memory is refreshed and you can answer correctly. This is important not only for knowing how to deal with#N#potential weak spots in your case, but also for remembering and knowing all of the strong points in your case. You want the defense attorney to know the strengths of your case with respect to the defendant’s liability, your injuries, symptoms and the impact they have had on your life. By being prepared you can make a good, truthful and forthright impression.
If the answer to the question is “yes” then you answer “yes” and that is it. You do not explain why the answer is “yes” unless the opposing attorney asks for that question. Keep your answers brief. Too many people have hurt their cases by volunteering information that was not asked by the opposing attorney.
Some of the questions you encounter in a workers’ compensation deposition may be related to: Identification and personal information. To confirm you are who you say you are, the attorney will ask you a series of questions regarding your identity, your address, education history, and personal information about your family and living circumstances.
You can step out of the deposition to go to the restroom or clear your head. Remain polite for the duration. Regardless of what you think an attorney is trying to prove with his or her line of questioning, stay calm. If you need to, take some time to speak with your own attorney before continuing with the session.
Tips for Answering Questions 1 Always allow the questioner to finish speaking, and take time to consider the question before replying. 2 Use short, concise, verbal answers. Avoid using body language to convey answers. 3 Take breaks as needed. You can step out of the deposition to go to the restroom or clear your head. 4 Remain polite for the duration. Regardless of what you think an attorney is trying to prove with his or her line of questioning, stay calm. If you need to, take some time to speak with your own attorney before continuing with the session.
When you file a workers’ compensation claim after an injury, you will likely have to make a statement under oath regarding your injury.
In addition to what you remember from the day of the incident, you will likely have to make a statement regarding your treatment and the effect the injury has had on your life, including current disabilities, medications, and therapy a physician has recommended. Psychological injuries.
Depositions are taken for many reasons. Some depositions are taken to discover information about the Injured Worker. The questions can be about the Injured Worker’s prior injuries or accidents, their prior medical treatment or hospitalization, and their physical abilities before and after the industrial injury.
A deposition is essentially the questioning and answering of questions under oath and under penalty of perjury. In Workers’ Compensation, Depositions can be taken of the Injured Worker, Percipient Witnesses, and Expert Witnesses. California Workers’ Compensation Law, pursuant to Labor Code Section 5710, provides for depositions.
What Is Discovery? “ Discovery” is a legal “term of art” which relates to how parties to a legal action seek information from the opposing party and other parties relating to the lawsuit. This information can include facts or opinions which are either important or relevant to the legal action.
The Labor Code employs the California Code of Civil Procedure to provide for some of the provisions for how depositions are to be conducted. Depositions, in workers’ compensation law, are unique. Depositions of various parties is encouraged in lieu of Trial Testimony. Expert Witness testimony in workers’ compensation trials is generally received in ...