Results 1 to 9 of 9

Thread: Deposition

  1. #1
    Join Date
    Jun 2008
    Posts
    34

    Default Deposition

    I was wondering at what point in the course of an workers comp case does a deposition take place? And is this mandatory or is it something that may or may not happen?

  2. #2
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Deposition

    If you're talking about a deposition of you, as an injured employee, it's only likely to occur well into the lawsuit process.

    In other words, if you are unable to reach a settlement of your claim at a BRC, and your attorney has to file a lawsuit on your behalf, there's a lengthy timeline to expect.

    First, after filing a Complaint, the IC will have 30 days to file an Answer. In Tennessee, most attorneys will grant reasonable agreed upon extensions of time to Answer, assuming both attorneys and clients are amenable to that.

    Usually, your attorney and the IC attorney will serve each other with written Interrogatories and Requests for Production, which are formal requests for answers to background questions and any supporting documentation regarding your case. This phase of written discovery can take anywhere from a couple of months to many many months to complete.

    Usually, at that point, the IC attorney will want to proceed with setting your discovery deposition. The attorney will ask a lot of questions about your personal background, education, past work experience, past injuries, the accident in your case, and lots of other things that are related (and some that may not be related) to your case. If the IC attorney knows what he/she's doing, and you don't have a lot of different past employers, the deposition should take somewhere between 1-2 hours.

    Hope this helps.

  3. #3
    Join Date
    Jun 2008
    Posts
    34

    Default Re: Deposition

    I really appreciate your response JLJ, very informative indeed. This whole process just gets more and more confusing as time goes on. Doctors saying one thing then do another then say something else, then once you have surgery they say something else entirely different. Then your employer where you were once a valued employee doesnt communicate nor want anything to do with you, an interesting experience to say the least. ...B...

  4. #4
    Join Date
    Jun 2008
    Posts
    34

    Default Re: Deposition

    This might be a dumb question, can you tell me what a BRC is?

  5. #5
    Join Date
    Apr 2007
    Location
    Tennessee
    Posts
    134

    Default Re: Deposition

    Quote Quoting ...B... View Post
    I really appreciate your response JLJ, very informative indeed. This whole process just gets more and more confusing as time goes on. Doctors saying one thing then do another then say something else, then once you have surgery they say something else entirely different. Then your employer where you were once a valued employee doesnt communicate nor want anything to do with you, an interesting experience to say the least. ...B...
    Amen brother...............
    HL.....

  6. #6
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Deposition

    the BRC is the Benefit Review Conference, which is essentially a mediation where you and your attorney, as well as the insurance company's attorney will work with the Dept. of Labor mediator in order to try to settle your case.

    For injuries occurring after July 1, 2004, you have to complete the BRC before you can file a lawsuit.

    Thanks for the kind words, by the way.

  7. #7
    Join Date
    Jun 2008
    Location
    Griffin, Ga
    Posts
    65

    Default Re: Deposition

    Quote Quoting ...B... View Post
    I really appreciate your response JLJ, very informative indeed. This whole process just gets more and more confusing as time goes on. Doctors saying one thing then do another then say something else, then once you have surgery they say something else entirely different. Then your employer where you were once a valued employee doesnt communicate nor want anything to do with you, an interesting experience to say the least. ...B...
    ...B... The WC laws differ from state to state but I can tell you this: most of the time when the IC wants to do a deposition, it is only for the purpose of delaying and stalling the inevitable: paying what they owe you. If you tell them the truth about everything then all be well. They probably already know everything that they need to know, they just want to see if you are going to tell them the truth about the situation. Just stay relaxed when you give your answers and don't ramble on. Just be short and thorough in your answers.
    I have been doing Georgia Workers' Compensation for a little more than 6 months now. I am not a lawyer but I have been doing paralegal work for more than 9 years now and I am familiar with Georgia and Federal Statutes. I am wiling to help anyone that posts a question in general from any state; however, I can quickly and accurately quote Ga law for anyone dealing with WCC in Ga. Please post your Ga WCC on the Injured Workers Forum for Ga if you have a claim in this state or need to file one.

  8. #8
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Deposition

    it's like doctors always ordering std tests; it covers their ass and generates fees. the system provides no incentive not to.

  9. #9
    Join Date
    Jun 2008
    Posts
    34

    Default Re: Deposition

    I certainly do appreciate the replies everyone, its nice to have some support through all of this. As soon as I figure out all of the abbreviations I should be set.lol
    I have said this before and I will say it again, my heart goes out to anyone who has to deal with this WC system, I never had any idea it was anything like it really is.
    I will be the first to admit I never had a high opinion of WC when i heard someone speaking about it, but that was due to me not being truly informed,, well my friends I can say for a fact im being educated now....B...

Similar Threads

  1. Deposition
    By redd390 in forum Pennsylvania
    Replies: 3
    Last Post: 06-14-2009, 08:42 AM
  2. Depositions for Workers Comp
    By larry104 in forum Georgia
    Replies: 3
    Last Post: 03-08-2009, 07:11 AM
  3. A.M.E.. Deposition
    By mark14 in forum California
    Replies: 2
    Last Post: 02-09-2008, 06:44 PM
  4. Deposition
    By diammic in forum California
    Replies: 1
    Last Post: 01-07-2008, 11:47 AM
  5. Second Deposition
    By sophia in forum California
    Replies: 6
    Last Post: 09-06-2003, 04:14 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer