Deposition in a Florida Workers’ Comp Case

Have you been injured at work in Florida and found yourself in a workers’ compensation dispute after seeking compensation from your employer’s insurance company. Your next available option is to file a compensation claim in court. That’s where a deposition comes in.

Your employer’s insurance company lawyers have an opportunity to interview you before the court proceedings begin. This should not take you unawares. An experienced workers’ comp lawyer will help you understand and navigate the process. Your lawyer has to predict the likely questions you will face and prepare you to be confident and intelligent in your presentation.

What Is a Deposition? 

A deposition is a process where a witness gives oral testimony under oath outside of the courtroom. This oral testimony is documented in writing by a court official who must be present. In the case of workers’ compensation, you should appear for deposition if the defendant requests it.

The legal representatives of your employers’ insurance company will arrange with the court and your lawyer to meet with you in a conducive venue. For example, the typical setting of a deposition is a conference table where you and your lawyer will sit face to face with the defendant’s lawyers. In contrast, the court’s representative sits at the head of the table.

While a deposition takes place outside a courtroom, the court representative will have to put you under oath before the questioning begins. This means that you are at risk of committing perjury if any part of your testimony is inaccurate. Perjury will put a massive dent in your chances of securing compensation.

What Questions Should I Expect in a Deposition? 

The primary aim of a deposition is to preserve the testimony of a witness. The defendant’s lawyers take advantage of the deposition to determine how much you know about the incident and how the incident has affected your quality of life. Your testimony will become an official document that the court will rely on when the proceedings begin.

If the worker in question is deceased, a family member of the dead will act as a witness during the deposition. So, if you are scheduled for a deposition, here are some of the questions you should expect.

  • Personal Information 

The insurance company’s lawyers will most likely kick-start the deposition with questions that seek to unravel your personality and background. This personal information includes your name, age, educational qualifications, employment history, job description, and criminal history.

  • Account of the Incident 

One of the critical lines of questioning in workers’ comp deposition will be on your account of events before, during, and after the accident that caused the injury in question. This part of the interview is of primary interest to the defendant’s lawyers because it is the witness’ weakest point.

Giving an accurate account of events surrounding an accident can be pretty challenging and nervy. The defendant’s lawyer will watch your body language, note any change in your emotions, and get as much detail about the accident as possible.

  • Pre-Existing Medical Conditions 

The legal representative of your employer’s insurance company will like to know about any pre-existing medical conditions you may have. This will help the lawyer to evaluate whether these pre-existing medical conditions could have in any way influenced your injury.

  • Details of Treatment 

The defendant’s lawyer will be interested in the kind of treatment procedure you have undergone, which relates to your injury claim. This information may include the number of doctor’s visits you have had, the results of these visits, and the medical treatments you received. For example, what kind of medications did the physician prescribe, did you undergo surgery or therapy, and how much did they cost are common questions you should prepare for?

  • Effect of the Injury 

What are your complaints? How much has the injury impeded your everyday life and daily comfort? Do you experience any pain? Are there temporary or permanent disabilities? etc.

Contact Work Injury Rights Now! 

Depositions can be a dreadful ordeal for you if you don’t get adequate preparation for them. You don’t want to appear shaky, incoherent, or lacking in confidence. You also don’t want to leave the conference room regretting a statement you either made or forgot to make.

At Work Injury Rights attorneys, we have a reputable team of Florida workers’ comp lawyers whose presence in the conference room will give you the confidence you require. We know how to make a deposition process seamless and are more than capable of guiding you if you call us now. We offer your free initial consultations.

Share on facebook
Share on twitter
Share on linkedin
Share on reddit