Important: We updated this article in December 2024 after reviewing the process with outside counsel. While it isn’t required in every case, sometimes you must attend a workers’ compensation deposition. It can be stressful, but it doesn’t have to be. Below, learn tips on preparing for workers’ comp depositions, what to expect, and how to best present your legal testimony.
The Workers’ Comp Deposition Process: Key Takeaways
- Workers’ comp depositions occur when either an employer or their insurance carrier contests workers’ compensation benefits for an injured worker.
- A workers’ compensation deposition is usually only attended by both parties involved, their attorneys, and one court reporter. If you don’t have an attorney, you will face the opposing attorney representing the insurer and the court reporter alone.
- A workers’ comp deposition is not a trial, but you will be under oath. Information gathered from your deposition testimony also counts as evidence in your case.
- Hiring an attorney for your workers’ comp case is important if you have pre-existing conditions, doctors disagree on your diagnosis or care plan, or your injury might result in permanent disability.
What Is a Workers’ Compensation Deposition?
This is a legal proceeding where you answer deposition questions under oath from the opposing attorney representing your employer’s insurer. It’s not a court proceeding, nor is it a trial. But the answers you provide at a deposition can be included as evidence in your workers’ comp case.
A workers’ compensation deposition usually occurs when your employer’s insurance company disputes your workers’ comp claim. Their goal will be to find evidence to use against you so they can deny your claim.
This dispute can occur at the start of your claim or after receiving ongoing medical care for your workplace injury. An example of that is when you reach what’s called MMI, or maximum medical improvement. This means your illness or injury is unlikely to improve with continued treatment. At that point, you may become eligible for a lump-sum settlement due to a disfiguring work injury. If you don’t feel you can return to work with your current limitations, this is your opportunity to say that.
In cases where you cannot return to work again full time, you may also then qualify for permanent total disability. Or you may need to file for Social Security disability benefits, depending on your state’s laws.
Regardless of the reason, the defense attorney’s job is to deny you benefits. That’s why having an attorney on your side is crucial during the deposition process.
How to Prepare for Your Workers’ Compensation Deposition
Depositions are usually held in either your lawyer’s or one of the opposing attorney’s law offices. In some states, however, remote depositions may also be an option that’s available to you.
When you arrive, only a few people should be present:
- You
- Your attorney (if you have one)
- A lawyer representing your employer and/or their insurance carrier
- One court reporter
The court reporter will capture all relevant information for later reference. If the insurance carrier retained any investigators or experts to testify for whatever reason, they may also be present. Your attorney may also bring in other witnesses to testify on your behalf, if needed.
Depositions can last as long as seven hours, but usually don’t take that long. You will also be placed under oath.
Step 1: Consult an Attorney
There are times when you don’t need an attorney. If your employer admits that your injury is work-related, for instance, you likely don’t need an attorney.
But if any of the following apply to your workers’ compensation claim, then you likely need to have an attorney:
- Your injury isn’t clearly work-related or happened under unusual circumstances (i.e., it involves a third party, such as a coworker)
- You have any pre-existing conditions
- Your doctor and the workers’ comp doctor disagree about your treatment plan
- Your job accident injury might result in a permanent disability that prevents you from ever working again
- The employer’s insurance company offers you a settlement that’s too low to cover your injury-related expenses
- Your claim involves a mental health issue, such as PTSD or treating ongoing stress related to your work injury
Step 2: Review Your Medical Treatment Records
It’s always important to thoroughly review your medical history to be sure the information is current and accurate. This is especially true if you have a pre-existing condition, which is a common reason for workman’s comp claim denials.
Thorough medical records can provide proof that your injury is indeed work-related and your doctor is providing the appropriate care.
If the records you currently have are incomplete or outdated, you can then request any necessary corrections from your provider.
Step 3: Rehearse Your Answers
It’s normal to be nervous before a workers’ comp deposition, even if takes place outside of a courtroom. Someone you don’t know is asking detailed questions for a reason that’s obviously not in your best interest.
Rehearsing your answers with an attorney beforehand can help you feel less stressed when you arrive for your recorded session. That way, you’ll have a better idea of what to say when the lawyer asks you to answer questions.
What Questions Can You Expect from the Insurance Company?
It’s reasonable to expect that the defense attorney will ask you to share the details of how your injury occurred. You will also be answering questions about how that injury now impacts your daily life. They might ask you questions about:
- How the injury happened
- Whether you went to an authorized provider, depending on which state you’re in
- How long before you notified your employer
- Whether you were unhappy at work before your accident occurred
- If you consumed illegal drugs or alcohol the day your injury happened
- Whether you were on a performance improvement plan or under disciplinary action at your job
- If your employer terminated your job since you reported the injury or filed your workers’ comp claim
It’s also not unusual for them to ask about your home life, including details about your family and living situation. They might also ask about your immigration status or if you have a criminal record. However, they won’t ask everyone these questions – only if those might be relevant to your case.
In short, the attorney’s liberty in asking questions will be broad. You might also get questions about your educational background, prior injuries, or previous work history, too.
Success Tips for Making Your Workers’ Compensation Deposition Go Smoothly
Tip #1: Stay calm.
That might sound easier said than done but maintaining your composure during questioning is important. Avoid behaving angry or rude. Ask for a break if you need it and pre-plan stress reduction techniques, such as deep breathing, that may help.
Tip #2: Go at your own pace.
There’s no rule that says you must answer a question quickly. It’s ok to take time to think about your answer and to speak at your own pace. Just be sure to listen carefully and speak clearly and calmly.
Tip #3: Answer questions honestly.
This means more than just being truthful. It also means not exaggerating or minimizing your experience.
Tip #4: There will be a written transcript, so use your words.
Use full words to answer questions rather than saying things like “yeah” or “uh-huh.”
Don’t nod your head in agreement if the answer is “yes” or shake your head “no” rather than saying no. Remember that the court reporter is there to record the words in every spoken answer during this legal proceeding. If you don’t speak clearly and with full words, they can’t accurately record your answers.
Tip #5: If you don’t know the answer, say so.
If you don’t know the answer to a question, don’t make something up. Ask for clarification or say that you don’t understand the question. Respond that, to the best of your ability, you do not know the answer to that question.
Tip #6: Answer only the question you’re asked and don’t offer additional details.
In other words, don’t volunteer information or provide details that the attorney did not specifically ask you about. Try to answer either “yes” or “no” without adding additional commentary. If you need to clarify an answer, your attorney can help you with that (assuming that you’re working with one).
Tip #7: Don’t speak in absolutes.
Avoid words like “never” and “always.” Instead, say “As far as I know” or “Usually.” Just be sure to answer truthfully to every question you’re asked, even if that means saying “I can’t remember.”
Tip #8: Don’t share information that’s private between you and your attorney.
If you’ve retained an attorney and you’ve discussed confidential information, do not include that in your answers.
Workers’ Compensation Deposition Mistakes to Avoid
- Don’t answer before the attorney has finished asking the question or volunteer information that the attorney didn’t ask for.
- Don’t speak over the attorney or become angry in your responses.
- Don’t lie or give inaccurate information. A truthful answer is always your best choice.
- Don’t ignore your treatment plan (they will evaluate whether you followed it).
Talk to a Professional for Free About Your Workers’ Compensation Claim
Not sure if you have a valid workers’ comp claim or not? A workers’ compensation attorney near you can tell you for free before you decide whether to move forward.
Need a workers’ compensation lawyer to help you prepare for your own deposition? We can connect you with an attorney near you who offers a free consultation on your workers’ compensation case.
It all starts with one free phone call and is the best way to learn how to protect your rights. Think you can’t afford a lawyer? Legal representation in workers’ compensation cases is one of the most affordable services law firms offer to consumers today. Because they all work on contingency, they charge $0 for workers’ comp cases that don’t win a settlement.
And if you’re successful, you’ll pay just 15%, on average, in attorney fees.
Ready to see if you may qualify? Click the button below to start your free case evaluation online now and get started:
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Lisa Allen
Lisa Allen is a writer and editor who lives in suburban Kansas City. She holds MFAs in Creative Nonfiction and Poetry, both from the Solstice Low-Residency Program in Creative Writing at Pine Manor College. Prior to becoming a writer, Lisa worked as a paralegal, where she specialized in real estate in and around Chicago.
