What Is A Deposition And Why Does The Insurer Want It?
When an application for adjudication of claim is filed with the Workers’ Compensation Appeals Board, the insurance company will sometimes seek further information by asking for your testimony to discuss the facts of your claim, your medical history and your employment history. The process is relatively informal, done in an attorney’s office, with your attorney, the insurance company’s attorney, possibly a representative from your employer and a court reporter who will capture everything that is said. This process is a called a deposition, and other than obtaining your medical records, this is the primary means of discovery available to the insurance company for your employer.
How To Give A Deposition
Most depositions can be accomplished in 1-2 hours, although some take longer in very complex cases or where there are multiple employers involved. Before the deposition, you will meet with your attorney and go over the facts of the case, as well as the procedural “dos” and “do nots” of the process. Before meeting with your attorney, gather up all your prescriptions and any records and a list of the doctors you have seen, as well as their addresses if you have that information. Bring these items with you to the meeting.
Expect the preparation time with your attorney, before your deposition starts, to be about one hour. Your attorney will advise you of the location and when to be there. It is very important that you arrive on time to meet with your attorney. Do not bring any family members with you to the deposition; they will not be allowed in the deposition room. If English is not your native language and you would be more comfortable giving the deposition in another language, make sure your attorney knows this well in advance. An interpreter will be provided.
We Can Ease Your Stress By Fully Preparing You
People are often nervous about testifying in a deposition, but you needn’t worry. In reality, depositions are usually rather low key and nonconfrontational. Your attorney will be there beside you to make sure you are treated with the professionalism and respect you deserve.
The testimony that is given in your deposition may be reviewed by your doctors and may also be reviewed by a judge of the Workers’ Compensation Appeals Board if some part (or all) of your case is disputed and given to a judge to decide. Your deposition is your chance to tell your story for the record and will help your case as long as you tell the truth as best as you know it.
Do Not Give A Deposition Without Prior Legal Counsel
Any information that you give to your employer’s insurance company can either strengthen or minimize your claim. We recommend waiting to discuss these details until you have had a chance to speak with an experienced attorney, who can explain your rights and how to approach the claim process.
Law Office of Howard J. Stevens, APC, is committed to helping our clients get the benefits they need and deserve. We are ready to provide steadfast representation during your deposition and throughout your case. You may request a free consultation at 619-880-4501 or on our website so that we can prepare you for this meeting.