How should I respond to questions about past injuries and claims in my workers’ comp deposition?

If you file a workers’ compensation hearing request in Georgia, you will almost certainly have your workers’ comp deposition taken by the insurance defense attorney. You may be a bit nervous about sitting in a conference room with a couple of lawyers and a court reporter, but in general, it’s not an event to dread.

Are depositions required in all workers comp cases?

Not all workers’ comp claims require a deposition. If the case is not in litigation, the employer and their insurance company will not take your deposition. However, when it comes to workers’ comp claims, the insurance company should pay what you deserve for your medical care and income benefits. They sometimes don’t do that. They underpay, refuse to pay for your injuries, or deny your claim altogether. When you and the insurance company can’t agree on compensation, a hearing request will be filed. The attorney for the employer and insurance company will want to take your deposition to learn more information about your injury.

What happens at a workers’ comp deposition?

A deposition is a recorded session during which you will answer various questions from the insurance lawyer under oath. Your deposition allows you a chance to tell your side of the story.  It also gives the attorney representing your employer and its insurer a chance to see what kind of witness you’ll make–how good your memory is, whether you appear injured, how articulate you are, and how truthful your demeanor is. Most of the time, the workers’ compensation claim will start moving toward litigation or settlement after the deposition and any medical records requests that follow are completed.

What should you not say during a workers’ comp deposition?

When the questioning attorney asks you questions, you are under oath. Always tell the truth. Listen carefully to questions asked. If you don’t know the answer to a question, say so; don’t speculate. And if you think an answer to a question is harmful (such as questions about old injuries, car wrecks, and workers’ comp claims in your past), be truthful anyway. Let your attorney worry about how to handle the facts. Chances are, the information you’re worried about revealing won’t be an issue anyway (especially in Georgia, where an aggravation of a past injury is a new injury under workers’ compensation law).

The worst response you can give in a deposition is an untruthful one. If you look like a liar in front of the Administrative Law Judge, you will have a hard time winning your case or getting anything reasonable as a settlement offer. Again, listen to the questions carefully, tell the truth, and trust your workers’ compensation attorney at Moebes Law to present your case for you.