If you are injured on the job in California and have filed a workers’ compensation claim, you may be asked to attend a deposition. A deposition is a statement taken under oath where you will answer questions about your injury, medical history, work history, and how the injury happened. Understanding what to expect can help reduce stress and ensure you provide accurate information.
What a Deposition Involves
A workers’ compensation deposition is a formal legal meeting conducted by the insurance company or employer’s attorney. Its main purpose is to gather facts about your injury and how it affects your ability to work. Depositions usually take place outside of a courtroom, in a conference room, or sometimes remotely via video platforms like Zoom. Everything you say is recorded by a court reporter and can be used later as sworn testimony.
The process is generally not confrontational. It is a fact-finding step rather than a cross-examination. While the setting may feel less formal than a courtroom, you are still under oath, and your answers have a real impact on your claim.
Who Will Be at the Deposition
Several people are typically present during a deposition. The insurance company’s attorney will ask most of the questions. Your attorney will be there to support you, object to improper questions, and ensure you are treated fairly. A court reporter records everything that is said, creating an official transcript of the session.
Even if the atmosphere feels casual, every answer matters. Being prepared and calm can help you feel more confident.
Questions You Might Be Asked
During the deposition, questions usually focus on how the injury happened, the body parts involved, your medical history, previous injuries, and your ability to work. You may also be asked about past medical treatments, prior lawsuits, or motor vehicle accidents that relate to your current claim.
It is important to answer clearly and honestly. If a question is unclear, ask for clarification before responding. Do not guess if you do not know an answer. You may provide estimates if you have a reasonable basis, but avoid speculation. Your attorney can guide you on how to respond safely.
Ground Rules for the Deposition
Some key rules can help you stay on track during a deposition:
- Only answer the question asked. Avoid adding extra information or stories.
- Speak verbally and clearly; do not nod or gesture instead of answering.
- Answer only if you have personal knowledge.
- You can take breaks and speak privately with your attorney at any time.
- You are allowed to review and correct the transcript afterward.
- Only your attorney may assist or be present during the deposition.
- Do not look at documents unless presented by the attorneys.
Following these rules ensures your testimony is accurate and protects your claim.
How to Prepare
Preparation can make a big difference. Meet with your attorney ahead of time to discuss the types of questions you may face and strategies for answering them. Review your medical records, treatment timelines, and details of your injury. This helps you recall important facts and answer consistently.
Dress neatly and professionally. Your appearance can influence how others perceive you, so presenting yourself well is part of being prepared. Practice staying calm and taking your time when answering questions. Pausing to think is perfectly acceptable.
What Happens After the Deposition
After the deposition, the court reporter creates a transcript of everything said. You may have the chance to review it and request corrections if necessary. The transcript becomes part of the evidence in your workers’ compensation claim.
Based on the information gathered, the insurance company may decide to settle your case or continue disputing it. Your attorney will keep you informed of any updates, negotiations, or next steps, including a possible trial.
Why a Deposition Matters
The deposition is a key step in your workers’ compensation case. It allows the insurance company to understand your injury and your limitations. Providing clear, honest, and accurate answers can protect your rights and help your attorney build a strong case. Legal guidance is important to ensure that the deposition is conducted properly and that you are not intimidated or misled.
Facing a deposition for the first time can feel overwhelming, but with preparation and support, you can approach it confidently. Answer questions honestly, take your time, and ask for clarification if needed.
Get Help from a Los Angeles Workers’ Compensation Lawyer
If you are preparing for a workers’ compensation deposition or have questions about your claim, a Los Angeles workers’ compensation lawyer can help. They can review your case, provide guidance on answering questions, and ensure your rights are protected throughout the process. Call (323) 954-1800 for a free consultation and get support to protect your benefits.