If you have suffered from a workplace injury and are experiencing problems with your claim, you may need to take action. Workers who are denied workers' compensation insurance benefits have the right to several levels of appeals and having a lawyer to represent you is highly advisable. The appeals process sometimes involves a procedure known as a deposition. This type of meeting might be intimidating to some so read on to learn more about being ready for your workers' compensation deposition.
What is a Workers' Comp Deposition?
Present at a deposition will be you, your attorney (if you have one), the workers' compensation insurance representatives, and other related parties. In some states, the deposition is presided over by a hearing officer. Depositions exist in nearly every aspect of the law, from personal injury cases and criminal matters to divorce proceedings. In most cases, depositions serve the important purpose of helping the parties prepare for an upcoming hearing, trial or other legal events.
What Will Happen at Your Deposition?
Depositions are simple affairs and preparing for your own should be fairly easy. Since the bulk of a deposition is comprised of questions and answers, you can best prepare by rereading your claim information and refreshing yourself about the accident, your treatment, and everything else that has occurred as a result. All testimony is given under oath. These events are not usually held in a courtroom but you can expect to attend your deposition in a conference room at a law firm.
What Will Be Discussed at Your Deposition?
All workers' compensation cases are unique but claim problems usually revolve around several central issues.
You can expect to be asked about the following issues during the deposition:
1. Background information: Most depositions begin by answering basic information about yourself such as your education, work experience, etc. You may also be asked about any previous workers' comp claims so be prepared with that information.
2. Preexisting conditions: In addition to previous claims, preexisting conditions will be discussed. Having a preexisting condition does not necessarily mean that your claim will be unsuccessful but it could mean a more challenging effort to prove how your most recent injury was made worse or was unrelated.
3. The accident: Be prepared to give a brief summary of the way the accident or occupational illness occurred.
4. Medical treatment: Use your notes to provide accurate information about the medical diagnosis, treatment, testing, doctor's orders, and more.
If your claim is being disputed, you probably need the help of a workers' compensation attorney. Having such an attorney by your side during the deposition is not just reassuring but will help you be more prepared and confident. Contact a firm, like McFarland & Masters LLC, for more help.
