Some hurt workers encounter problems with their claim after an on-the-job injury. Workers' compensation is supposed to cover medical expenses and more but sometimes workers have to go through an appeal and hearing process to get the benefits they deserve. When that happens, a deposition might be scheduled. Read on to find out how you can get ready for it and what to expect.
What to Know About Depositions
This legal proceeding is part of a trial preparation process known as discovery. You might have to participate in a deposition if you are involved in a divorce, a criminal matter, or a personal injury case. As for workers' compensation depositions, you can expect one to occur in some, but not all, disputed workers' comp cases. If your claim has been denied or you are having any trouble with your benefits, a deposition may be necessary to help sort things out prior to the hearing before an administrative judge.
What Happens at a Workers' Comp Deposition?
These meetings are not necessarily considered legal matters and can be more casual in nature. That does not mean, however, that they are not important to your case. A deposition consists of questions and answers about your claim. All information is recorded for later use at the hearing. You will be asked to speak about your injury by workers' comp lawyers and others may be called to testify about your injury and medical treatment. For example, coworkers who witnessed the accident or illness may be called and your treatment doctor could be questioned as well. The information gathered at the deposition could very well affect how much money you end up receiving from the insurer in a settlement, the status of medical expenses, and more.
How to Get Ready for the Deposition
If you have not already spoken to a workers' compensation lawyer, now is the time. Some work injury situations can be complex and workers' comp laws are a particular specialty area for a good reason. Your lawyer can be with you at the deposition and help you respond to questions. They can also question witnesses in an effort to prove that you are entitled to benefits.
- Be prepared to be asked some background questions at the beginning about your family, your education and training, and about any preexisting health conditions.
- If you have ever had other workers' comp claims in the past, be ready to speak about it.
- Refresh your memory about how the accident happened or the occupational illness occurred. You might want to look over your paperwork from the claim and any notes you've taken.
- Have a list of all medical treatments performed, medications, and more.
For more help with your workers' comp deposition, speak to a workers' compensation attorney as soon as you know your claim is being denied.
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