It's fairly typical in a workers' compensation case for a plaintiff to have to give one deposition or more after filing a claim. Your deposition will be an important part of your case and could have a huge influence over your chances of being granted the compensation you're seeking.
Careful preparation and research can help guarantee you the best possible deposition. Before you give a deposition, you should be aware of the following five commonly made plaintiff mistakes in workers' compensation depositions:
Not understanding the purpose of the deposition
In a workers compensation deposition, the defense will be questioning you to get together as much information as possible about your claim. Naturally, they're going to use this information to discount your argument.
However, this is not the only usefulness of the deposition for the defense. The defense will also be observing your performance and looking out for any weaknesses you may have in your presentation or manner of answering questions that they can exploit when you're testifying before a judge and jury.
Letting inaccuracies slip
It's best to study up on your medical records and carefully consider all of the factors of your work-related injury before your deposition. The defense will be looking out for inaccuracies that they can exploit to undermine your argument.
Remember to only provide the information that is necessary to answer the questions you are asked. Also, ask for clarification on any question you're unsure about before proceeding to answer.
Being too shy
You need to speak up during your deposition. Any reticence on your part might look suspicious, so don't be afraid to answer the questions loudly and clearly.
Preparing for your deposition beforehand will build your confidence and make it easier for you to give the appropriate answer to questions regarding your injury and treatment.
Not asking for a break
Questions in your workers compensation deposition will be detailed and involved. After a while, you're likely to grow tired and have increasingly more difficulty answering the questions adequately and accurately.
Fortunately, you can request a break during your deposition. This can help you to rest during the questioning and give you a chance to review any information you've brought with you regarding your medical history, injury, and accident details.
Your deposition might become tedious when you're going into detail on your injury and your work situation. However, patience is important throughout your deposition. Remember to always let the questioner finish his or her question so that you answer accurately and don't give away any additional information.
Your attorney can help you to further prepare for your deposition. If you need an attorney, consider contacting one from a firm like J W Chalkley III PA.