Sometimes a work-comp case requires a doctor’s testimony. Workers’ compensation courts prefer that this testimony be given in the form of a deposition. All this means is that an attorney asks a doctor a series of questions.
Depositions can take place outside of business hours and on the weekend, which should free up your calendar. When I’ve been called in for depositions, I try to reschedule them for the evenings. This way I can still see my patients during the day.
To learn more about depositions, check out our video on Understanding Depositions.
A deposition is a legal procedure for asking you questions and having you answer under oath. Although it's not a trial, the written record of your answers will be considered as evidence if your workers' comp case goes to a hearing.
Before your deposition, you should review your medical records, accident reports, journal notes, and other relevant records. While you don’t need to have every detail memorized, you should be familiar with the basic timeline of events in your workers' comp case and be prepared to answer typical ...
Depositions usually take at least a couple of hours. Yours may take longer if you have extensive injuries or a lengthy history of treatment, but it generally shouldn’t take more than eight hours. In most cases, the insurance company can only take your deposition once.
Of course, you should always tell the truth. The insurance company's lawyer will likely try to catch you in any inconsistencies that could make you seem not credible or untrustworthy. This will be harder to do if you stick to the facts and resist the temptation to embellish or exaggerate. Some other tips for answering the questions: 1 Take your time. Wait until the lawyer has finished the question, and give your own attorney time to object if the question isn't appropriate. 2 Keep it simple and answer the specific question. Don't get into long-winded answers, volunteer information, or guess. If you don't understand the question or don't know the answer, say so. 3 Making eye contact with the questioner helps you seem more credible. If you're participating over video conference, be sure to look directly into your device's camera. 4 Stay calm and polite. If you find yourself getting upset, you can ask for a break to regroup.
A deposition is a chance for the attorneys representing either party in a legal case to question a party or witness about their knowledge of the matter, and to preserve the witness’ testimony. The intent is to get the facts of the matter on record before the trial. The deposition is conducted under oath, or under penalty of perjury.
Sometimes the deposition of a medical doctor is taken by either the workers compensation insurance company lawyer or the Claimant’s lawyer, to clarify key medical issues and their relationship to the Claimant’s injuries. The doctor’s opinions then become part of the record, just like any other medical record.
The intent is to get the facts of the matter on record before the trial.
In addition to your lawyer, the only other people who are likely to attend a deposition are a court reporter and the lawyer for the insurer who is taking your deposition. The deposition probably will happen not in a court setting but instead at the law firm of the insurer’s attorney.
You should make sure to behave calmly and courteously throughout the process. This will help you earn the respect of the insurer’s lawyer and encourage the insurer to take your claim seriously. The lawyer will be evaluating your credibility as a witness, which may affect the decision of whether to take the claim to a hearing.
A deposition is the opportunity that Georgia law provides for the insurance company to find out about your case. It is a very important part of your case because your answers at a deposition are given under oath.
You do not have to have an attorney to go to court. You also do not have to have an attorney to go through a deposition.
Being prepared for your deposition is the best way to avoid making mistakes. If you have questions, you can usually get those questions answered by getting a free consultation with an attorney.
Georgia’s workers compensation system can be very confusing. You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.
If you’re receiving weekly benefit checks while you’re off work, they’ll probably stop once your doctor has decided that you’ve reached what’s known as maximum medical improvement (MMI)—meaning that you’ve recovered as much as can be expected.
There’s a big difference between explaining your realistic options and pressuring you to accept a lowball settlement offer. It may be time to adjust your expectations if your lawyer has given you clear reasons as to why the offer is the best you’re going to get, or why your chances of winning at a hearing are low.