In addition, your lawyer will be with you at the deposition to object to illegal or improper questions, will help clarify questions, and will protect your best interests.
Full Answer
If you've been called to a deposition, you should consider hiring a workers' comp lawyer. An experienced attorney will know the rules and can help you prepare for the deposition, tell you which questions you don't have to answer, and ask follow-up questions designed to clear up any potential misunderstandings that could hurt your case.
The transcript is given to the doctor who evaluates the injured worker for temporary and permanent disability. During the deposition, the defense attorney will have tried to minimize the injury and point to other causes.
Or your lawyer may take the deposition of a doctor or another witness, and you want to know how that testimony will help your case. Sometimes, the time just after a deposition can be very important for your case.
Here are a few tactics attorneys may use during a D.C. deposition: Burying the real question. At the start of your deposition, you will be asked about basic information in order to relax you and get the session started easily.
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
What Happens After the QME Writes a Report? The QME report is then used to determine a permanent disability rating. A rating is a percentage that estimates how much your disability has impacted your future earning capacity.
What happens after a deposition in a workers comp case? After the deposition, the court reporter will send a transcript to the injured worker. He or she will have an opportunity to review the transcript and make any changes.
If you have a workers' compensation dispute, you might be deposed by the insurance provider's lawyer. A deposition is a formal, out-of-court procedure during which the attorneys will question you in the matter. You have the right to have your own workers' compensation attorney present at the deposition.
A QME is often requested by a workers' compensation adjuster to create a final, expert medical report on your injury or illness.
The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.
A deposition is the questioning of a witness under oath outside of a courtroom. The injured worker's deposition is the most important deposition ta...
The workers' compensation deposition of an injured worker is to: learn about the claim obtain specific information about dates, time, and witnesses...
The injured worker is sent a notice of deposition indicating the date, times, and location of the deposition, which will generally take place in a...
The insurance company attorney will ask about: the details of the injury prior work history how the injury occurred medical records, including prio...
The transcript is given to the doctor who evaluates the injured worker for temporary and permanent disability. During the deposition, the defense a...
If any party has questions about a doctor's report, either one can depose the doctor. Whatever answers the doctor gives can later be submitted at t...
The deposition is one of the primary ways the insurance company will learn about the extent of the injury and medical history. It can determine how...
After the deposition, the court reporter will send a transcript to the injured worker. He or she will have an opportunity to review the transcript...
The real legal world is rarely as tense an active as courtroom dramas would have you believe. For example, your attorney is bound by the law when objecting to questions: he may only interrupt if the question is irrelevant or improper. If the answer hurts your case, but is relevant, there is legally nothing he can do.
Beware of any question that requires a long answer. Deposing attorneys can always use your words against you, and you may not fully consider your word choices when giving your opinion.
The injured worker’s deposition is the most important deposition taken in a workers’ comp case. Other than medical reporting, the workers’ comp deposition is the main way for the insurance company to learn about the worker’s injury. Any party in a workers’ compensation case can take a deposition.
An attorney for the insurance company, known as a defense attorney, conducts the injured worker’s deposition. Also present is a court reporter to take down the deposition testimony and create a transcript for the injured worker to review after the deposition.
In a workers’ compensation case, a deposition is a legal proceeding, outside of a courtroom and prior to trial, in which an injured worker is questioned under oath about the circumstances surrounding the injury. An attorney for the insurance company, known as a defense attorney, conducts the injured worker’s deposition.
If an insurance carrier takes a deposition of an injured worker, the injured worker is entitled to: be given transportation ( mileage reimbursement ), meals, and lodging, if necessary, for the deposition. reimbursement for lost wages for attending the deposition. a copy of the deposition transcript.
The injured worker will be sworn in, meaning that he or she agrees to tell the truth. Lying in a deposition under oath is perjury and can lead to a fine or time in jail. It is the same as testifying in court. As the attorney is asking questions, the court reporter will record the questions and answers.
The court reporter creates a written recording of the deposition and prepares a transcript. The insurance company pays for the court reporter. If the injured worker refuses to attend his or her deposition, the case can be suspended. 6 The insurance company has a right to investigate the claim.
The deposition can last from an hour to all day, depending on the claimed injury and the style and strategy of the attorney. The injured worker can request to take a break at any point. However, the attorney may ask for the answer to any pending question before the worker takes a break.
After you testify at a deposition for your workers’ compensation case, you may wonder what happens next. Or your lawyer may take the deposition of a doctor or another witness, and you want to know how that testimony will help your case. Sometimes, the time just after a deposition can be very important for your case.
After Your Deposition. When you testify at your deposition, you may go home after a couple of hours not knowing if you helped or hurt your case. Not all depositions have a big impact on the case. You may answer all the questions perfectly, yet the insurance company persists in denying you benefits.
If your lawyer takes the deposition of a doctor or a witness for your employer, you may not hear much about the result. You may not even attend the deposition itself depending on your availability and what your lawyer says.
If you need childcare during your deposition, plan to pay for a half-day with the babysitter. A deposition usually takes a couple hours — sometimes longer if you have extensive work or treatment history to cover.
If you don’t have an open-and-shut workers’ comp case, then talk to a lawyer. An experienced workers’ compensation lawyer vastly improves your chances for winning benefits. And if you have any pre-existing injuries, health conditions or chronic illnesses, you’re unlikely to win benefits without help.
But what if your employer isn’t exactly compliant? Sometimes, your employer will dispute your workers’ comp claim. If this happens to you, you may be called in for a deposition. A deposition is a legal procedure where you answer questions under oath. It isn’t a trial, but your answers are considered evidence if your workers’ comp case goes to court.
An attorney can tell you which questions you’ll have to answer based on your specific situation. A lawyer may coach you to emphasize specific answers that strengthen your case. Just running through some potential questions can help calm your nerves before the deposition starts.
An attorney protects your legal rights and ensures the insurance company’s lawyer doesn’t ask inappropriate questions. Your lawyer can also help you prepare and ask follow-up questions that strengthen your case. In addition, a lawyer’s presence alone will demonstrate your commitment to securing benefits.
If a judge or the insurer catches you in a lie, it destroys your credibility. It also destroys your chances of winning workers’ compensation benefits. The insurance company wants to diminish your credibility and present you as untrustworthy. Be careful to only give truthful, short and direct responses.
Most questions an insurer can ask during your deposition are not legally off-limits. However, an attorney will know which questions are irrelevant and even inappropriate. If this happens to you, having legal representation can make all the difference in proving your case.
Admonitions and background information The first part of your deposition will consist of the swearing in of the deponent (you) where the court reporter will administer the oath or affirmation that you will tell the truth. At that point, the defense attorney will ask you to introduce yourself on the record and spell your name.
Describe who you are Most of these questions will deal with where you grew up, went to school, etc.. For example: Did you graduate high school? Where was this school and when did you graduate? Did you go to college? Do you have a degree? In what? What classes did you take? How many units? What was your major? Any trade schools or other education?
Describe your residence history Questions about your residence will focus on where you live presently, how long you've lived there, whether you own or rent, who you live with, their names and ages, marital status, etc..
Describe your employment history Common questions about employment history include: Were you working on the date of your injury? When were you hired there? Was this your only workers compensation injury with this employer? Where did you work before that? How long? Why did you leave? Did you ever get hurt on the job? Did you ever file a workers compensation claim? These questions will be asked over and over until you cannot remember any further employment history..
Describe how the injury occurred You will need to give a detailed description of how the injury occurred, what body parts you injured, who witnessed the injury, who you reported the injury to and when.
Describe the current medical treatment you are receiving The next questions will cover the nature of your medical care.
List each body part you feel was injured in this accident My suggestion: start from the head and work your way down. This way you will never miss a body part. You will be asked to rate the pain in that part on the imaginary scale of 1 to 10, with 10 being the worst pain known to mankind.