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How to handle a workers compensation deposition

November 17th

How to handle a workers compensation deposition

If you’re trying to get workers compensation benefits, you may have to undergo a deposition at some point.

But what is a deposition? We’ll take a look at the deposition process and help you prepare.

What is a workers comp deposition?

Depositions are recorded sessions where the injured worker, a doctor, or a witness answer questions regarding your injury under oath.

Insurance providers routinely depose injured employees, so it’s not unlikely that you’ll be called in to testify.

Depositions can seem demeaning to hurt workers who only want to recover from their injuries, but being prepared will make the process go much smoother.

And unlike TV shows, the lawyer conducting your deposition usually won’t be rude or confrontational.

How to prepare for a workers comp deposition

When you hire a workers compensation lawyer, your attorney will help you prepare for your deposition by reviewing personal notes and records about your accident to jog your memory about your injuries, symptoms, and how long you missed work.

What happens at a workers compensation deposition?

Your deposition may take place at a law firm’s conference room, or by telephone or video conference—which are more and more common now.

Some of the people you can expect to see at your deposition are your lawyer, the lawyer conducting your deposition, and the court reporter—whose role is to create a written transcript of your deposition.

You will be answering questions under oath, exactly like a courtroom.

Lying on purpose can lead to charges of perjury, or at the very least, damage your chances at receiving workers comp benefits.

What kind of questions are asked at a deposition for workers comp?

There are several questions you’ll probably be asked at your deposition, like:

  • Background information—name, address, date of birth, etc.
  • Prior injuries—lawyers will attempt to discover if accidents besides the one you suffered at work could have caused your current injuries.
  • How the accident happened—expect more in-depth questions if your illness or injuries developed over time, such as repetitive stress injuries.
  • Medical treatment—from your first doctor’s appointment to your current physical therapy, surgery, etc.
  • Limitations—what you can’t do after your injury, such as lifting heavy objects.

How to answer workers comp deposition questions

Answer honestly and accurately to give your claim the best chance of success. Here are some things to keep in mind:

  • Listen before answering—it gives the court reporter time to record everything accurately, and allows your lawyer to object to improper questions.
  • Answer clearly—always answer clearly and verbally, such as saying “my right foot” instead of pointing at your foot. This allows accurate recording of your deposition.
  • Only offer information when asked—if a question can be answered with “yes.” then do so, rather than offering a longer explanation.
  • Don’t guess—it’s better to say you don’t know the answer to a question than to guess.
  • Don’t share private information—any information you share with your attorney is covered by attorney-client privilege, and you are not required to share that with anyone else.
  • Keep a cool head—be calm and polite when answering questions so that you come off as a credible witness.

What happens after the workers comp deposition?

After your deposition is over, you’ll receive a written transcript of the deposition, and have an opportunity to correct any errors or mistakes.

What is my attorney’s role in a deposition?

You should definitely consider hiring a lawyer if there are any disputes in your workers comp claim, like:

  • Whether or not your injury or illness is work-related
  • Whether or not your doctor’s recommended treatment is necessary
  • Whether or not you are actually disabled after your injury

If you’re called into a deposition, you’ll have help preparing for it from your lawyer.

And at the deposition, your lawyer will help to make sure nothing improper takes place—such as keeping things civil, objecting to illegal questions, clearing up unclear or misleading questions, and protecting your interests.

If you need help preparing for a deposition and recovering the maximum amount of workers comp possible, contact us today, and let us help.


Zero out-of-pocket costs, crystal-clear communication, immediate action on your case. With hundreds of clients served and years of combined experience, the attorneys of Davis Sanchez are known for their dedication to winning maximum settlements and judgments for their clients.

*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

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