My workers’ compensation lawyer says I have a deposition this week. Can I just skip it?

Wondering what a workers’ comp deposition is and if you have to go? When you file a workers’ compensation claim in Georgia, more than likely, the defense attorney is going to schedule a deposition. Technically, it’s a question and answer session that’s recorded and is given under oath. Think of it as your opportunity to answer questions about your injury and its aftermath while showing what a great witness you’ll make at any upcoming hearing.

Do all workers’ comp cases have a deposition?

Not all workers’ comp claims require a deposition. If the case is not in litigation, the employer and their insurance company do not take the injured worker’s deposition. However, if  you and the insurance company can’t agree on compensation, a hearing request will be filed. The attorney for your employer and insurance company will want to take your deposition to learn more information about your injury.

What questions are asked in a workers’ comp deposition?

As with any deposition, the opposing attorney is attempting to discover facts about you that may be used to discredit your case. Your workers’ comp attorney will help you prepare for questions that may be asked at your deposition, including questions about your personal life and previous employment in addition to the accident details and your injury.

How do I prepare for a workers’ comp deposition?

Prepare carefully for your deposition. 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.

Can I skip the deposition?

While you may not want to spend a couple of hours at your lawyer’s office being deposed by the insurance company’s attorney, it’s usually a prerequisite to getting your case resolved by litigation or settling, so don’t decide to skip it. 

If you have been injured at work in Georgia, contact our experienced workers’ compensation attorneys. We can help you navigate the complexities of workers’ compensation law and help you determine if your claim needs to be litigated to get you the compensation you deserve.

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