What is Deposition?

  • By:dialassociates
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Exactly what is a deposition? A deposition is your statement about how you got injured, treatment and how your injury has affected your life.  Your deposition is your statement under oath. Which means that you swear to tell the truth under penalty of perjury, that is you could be criminally libel if you don’t tell the truth. So be truthful!

Why are you being deposed?  The defense attorney (who represents your employer’s insurance company) wants to gather information about you and your case.  Your workers’ comp attorney will be there with you during your deposition to protect your rights. If you haven’t hired an attorney you will be on your own without anyone to defend you or protect your rights during your deposition.  Protect your rights with an attorney!

What kind of questions will I be asked?  A workers’ compensation deposition follows a pattern – first, they will establish your identity, they will ask you about your background including your job history, if you’ve had any work accidents before or injuries outside of work, if you’ve ever made any claim for these injuries, how your current work accident happened, what treatment you are getting, and how the injury is affecting your daily life. Be clear with your answers!

What if I realize I made a mistake during my deposition?  If you realize you made a mistake during your deposition you can amend your answer, if you realize you made a mistake after the deposition, you will have a chance to review the transcript of the deposition. A court reporter will be at your deposition transcribing the questions and your answers and you will get a chance to review the deposition transcript and make corrections if needed But if the changes you make are very different than what you testified to, it could create problems with your case. That’s why is very important to give your best testimony and consider your answers carefully during your deposition.  Think before you answer!

Things to remember.  

  • A deposition is your statement under oath (you telling your side of the story of what happened when and how you were injured)
  • The deposition is to gather information, so if you don’t understand the question-ask to repeat or clarify what is being asked
  • Give clear answers, don’t nod your head or say “uh huh”
  • A deposition is nothing to fear, it can help your case!
  • Your attorney is there to defend you and protect your rights, and will be there throughout your deposition. There is nothing to fear about being deposed, your attorney is on your side.
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