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  1. #1
    Unregistered Guest

    Question I have a deposition on my claim against the company

    I am new to the worker's compensation claim. I dont know what to expect. I have my own attorney, yet I dont know what they baiscally do in a deposition and how a deposition last. Could someone help me out here as to what I need to do in a deposition?

    Thank you.

  2. #2
    Unregistered Guest

    Default Re: I have a deposition on my claim against the company.

    First, ALWAYS TELL THE TRUTH!

    A deposition is where the attorney who represents your employer's insurance company, will ask you questions, UNDER OATH, about the circustances of how you were injured, PREVIOUS INJURIES and treatment (even if they aren't related to your current work injury), your employment history, and what kind of work duties you performed with your current employer. The length of the deposition usually is about two hours; it may be longer though, depending on how complex your case is.

    They will also ask you about any problems that you are experiencing as a result of your work injury. Do NOT EXAGGERATE your injuries! Also, rather than saying you "can't" do something anymore, (unless you REALLY CAN"T DO IT AND DON'T), it is best to say that you avoid certain activites IF THIS IS TRUE.

    listen very carefully to each question. If you do not understand a question, just say so. Answer each question as briefly and concisely as you can. Don't "volunteer" information. If your attorney objects to a question, do not answer until your attorney says you canproceed.

    ALWAYS TELL THE TRUTH! The last thing you need is to tell the defense attorney all the things you "Can't" do, NEVER do, etc. because you think it might make your case look better. They will have a Private Investigator performing surveillance on you in a hot minute, trying to catch you doing ALL the things that you claim you "can't" do!

    If you need a break during the depo because you are tired, are in pain, you certainly are allowed to ask for one, or as many as you need. The attorney will also ask you what medications you are currently taking, and when you last took them. If you are on medications that you think may interfere with your concentration, discuss this with your attorney before the deposition.

    Before your deposition, your attorney will have a brief meeting with you, and he wil explain the depo process to you. If you have ANYTHING at ALL concerning your claim or in your past that you think that will "hurt your case"- TELL YOUR ATTORNEY BEFORE THE DEPOSITION! Your attorney will not appreciate it AT ALL if something "pops up" later down the road. If he knows about it NOW, he can deal with it more effectively.

    ALWAYS TELL THE TRUTH, and you will do just fine.

  3. #3
    Unregistered Guest

    Default Re: I have a deposition on my claim against the company.

    The one piece of advise I can give you is to always listen to the question being asked and wait for at least 5 seconds to answer. This allows your attorney to object to the question and also you time to think about your answer. Also if you do not understand the question ask the carrier attorney to repeat it our reword it. Do not ever guess at an answer. If you do not know then that is the answer.

    AJ

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