Work-related accidents should not result in the worker having to participate in a deposition. Ideally, workers can get the benefits they deserve without having to take things up the chain of appeal that lands before an administrative law judge. If your efforts to be paid what you deserve have resulted in frustration rather than compensation, read on and find out what to do to ready yourself for your workers' comp deposition.
How Did This Happen?
Workers' compensation insurance is supposed to pay hurt workers a partial disability salary along with paying for medical benefits. If the injury is permanent, the hurt worker should be paid a fair and adequate settlement. When something goes wrong with the process, the worker may have to take further steps. In most cases, a deposition is part of an appeal process and is a requirement for proceeding with the case. Depositions are common practice in criminal and personal injury cases and are part of a pretrial process known as discovery. With a workers' comp case, a deposition serves as a way to discover facts about the case before the case comes before a judge or board. Other actions to expect include participation in mediation to resolve things and a series of hearings.
Getting Ready for the Deposition
You can best prepare for your deposition by talking to a workers' comp lawyer. They can go over the denials and disagreements in detail and prepare you to answer questions. For example, some workers take action when the workers' comp doctor orders them to return to work but they are not healed from their injury. To prepare for such a situation, your lawyer might have you review how the injury occurred, what treatment you have had so far, what treatments worked and what did not work, and more. Take a look at a few more tips:
- Expect to answer some questions about your education, experience on the job, previous workers' comp claims, and other background information.
- Be ready to explain the nature of the accident or the occupational illness in detail
- You may use notes to refresh your memory about any aspect of the case.
- Never allow yourself to be rushed when answering a question.
- You are under oath as you answer questions.
- Your workers' comp lawyer will be with you to help you address any matters that are brought up.
Don't try to handle a deposition or other workers' comp appeal issues on your own. Speak to a workers' comp lawyer and get the support you will need to have your claim approved.