Depositions in Workers’ Compensation Cases

Your employer might require you to provide a deposition in a Florida workers’ compensation case, asking questions about how your injury occurred and its connection to a workplace incident.

Florida law requires most employers to carry workers’ compensation insurance, covering lost wages and medical benefits for employees injured in a workplace accident or who became sick due to workplace conditions. After filing a claim, prepare yourself for what to expect when giving a workers’ compensation deposition.

What Is a Workers’ Compensation Case Deposition?

A deposition is a legal proceeding where attorneys representing the other party in your case can ask you questions as part of their evidence-gathering process. Even though most depositions occur outside the courtroom, you will give sworn testimony, meaning you must fully and truthfully answer all the questions asked by the lawyers representing the other party.

In a workers’ compensation deposition, the other party would be your employer’s workers’ compensation insurance carrier. Some workers’ compensation carriers routinely schedule depositions to get the facts of the claim on the record. However, workers’ compensation depositions can also become more adversarial if the insurance company believes you filed a false or exaggerated claim.

Typical Questions Asked in Workers Compensation Depositions

Insurance companies use the information gathered in workers’ compensation depositions to gain a complete understanding of all the circumstances that led to your injury or illness and how the injury affects your professional life.

The lawyer representing the insurer will usually start with questions establishing basic background information such as your name, legal address, and employment history.

Aside from basic background information about yourself, you will likely have to answer these questions.

How Did Your Accident Occur?

Did your injury happen during the regular discharge of your employment duties? If so, how? This question is essential because if you injured yourself after being instructed to do something outside your normal job description or while acting recklessly, it could affect the resolution of your case.

What Is the Nature of Your Injuries?

The specific injuries (or illness) you suffered and the limitations they cause you at the workplace (e.g., you can’t lift heavy objects or stare at a computer screen for extended periods) will almost certainly be a topic covered during your deposition.

What Medical Treatment Did You Seek? When Did You Seek It?

The lawyers representing your worker’s compensation carrier will likely inquire about when you first sought medical treatment. They’ll also ask about the nature of the medical care you have received and might require in the future for your condition.

What Is Your Medical History?

The workers’ compensation carrier in your case will likely ask about your medical history. Specifically, they might want to know if you have an underlying condition or suffered any past injuries that might contribute to or exacerbate the injury or illness you claimed in your workers’ compensation case.

Is Anything Off Limits in Workers’ Comp Depositions?

It’s critical to note that, unlike a trial, lawyers cannot make legal objections in a deposition. Therefore, the lawyers are basically free to ask any questions they feel may be relevant to the case.

For example, they might ask you if you’ve previously filed a workers’ compensation claim and what the resolution of that claim was.

However, if your case goes to trial, the judge will decide how much or what specific information from the deposition they will allow into evidence.

What if You Have Previous Injuries?

Depositions may seem intimidating, but they are vital to the workers’ compensation process. So, even if you have a previous injury, it’s always better to answer the question fully and honestly. In addition, the mere fact you had a prior injury before filing your workers’ compensation claim doesn’t automatically mean your employer will reject your claim.

Additionally, you give testimony at depositions under oath. So, if you conceal, misrepresent, or hold back information about your medical history, it could complicate your case and expose you to perjury charges.

Can You Have a Lawyer at Worker’s Comp Depositions?

Legal procedures such as workers’ compensation depositions can intimidate anyone. So, it is perfectly natural to be apprehensive or nervous about talking to lawyers representing your employer’s workers’ compensation carrier at a deposition. However, you have the right to legal counsel at your worker’s compensation deposition.

Come Prepared for Your Workers’ Compensation Deposition

Dismuke Law is a Florida personal injury firm that stands up for our clients when they need us. Did you sustain a workplace injury or contract an illness related to your job duties or conditions? You might have questions about an upcoming workers’ compensation deposition coming up.

So, ask Dave! We offer free consultations to any prospective client, and if you like what you hear, we can represent you at your deposition. Again, the call is free, and the information you share with us is confidential.