What to Anticipate During a Workers’ Compensation Deposition

When California workers suffer injuries on the job, they are entitled to workers’ compensation insurance through their employer. However, it’s not uncommon for employers and insurance providers to contest these claims. Disputes may arise over the severity of injuries, the required treatments, an employee’s capacity to resume work, or the legitimacy of the claim itself. In such cases, you may be required to attend a deposition where the insurance provider’s attorney will ask you detailed questions. It’s important to have your own attorney, experienced in workers’ compensation in California, by your side during this process.

Understanding the Deposition Process

A deposition is an official proceeding conducted outside of court where lawyers will question you about the incident. If you are facing a deposition for a workers’ compensation claim, here are the key areas you might be questioned on:

Incident Details

• Your physical, emotional, and mental state before the incident.
• Actions and behaviors of yourself and others before the incident occurred.
• Detailed sequence of events leading to and during the accident.
• Identifications of all individuals involved and their actions at the time.
• Compliance with safety protocols by everyone involved at the time of the incident.

Injuries, Limitations, and Medical History

• Detailed descriptions of injuries sustained.
• Pain levels before, during, and after the incident.
• Medical diagnoses and prognoses related to your injuries.
• Doctor’s estimates on your recovery timeline.
• Impact on daily activities and ability to perform job functions.
• Complete medical history, including all prior consultations and pre-existing conditions.

Medical Treatment

• Discussions will cover treatments you have received and those that are proposed by your healthcare providers.
• Cost estimations for ongoing and future treatments, including any medical aids like wheelchairs.
• Possible cheaper alternatives for the treatments recommended.

Post-Accident Conduct

• Your adherence to medical advice post-accident, including any limitations on activities.
• Any strenuous activities you might have engaged in post-accident, which could impact your claim.
• The importance of cautious social media activity regarding your health and activities, as insurers might use this information to challenge your claim.

Seeking Competent Legal Guidance

At the Law Offices of Norman J. Homen, we provide skilled representation to ensure you receive the compensation you rightfully deserve. Facing a deposition can be overwhelming, but you do not have to handle it alone. Our attorneys, with over three decades of experience in workers’ compensation claims across Southern California, are prepared to guide and support you through this process. For a free consultation, contact us today. We are here to help protect your rights and secure the benefits you need for your recovery.