What Is a Deposition in Workers' Comp?

For many workers' comp claimants, a deposition is the step of a workers’ comp case that feels the most unfamiliar and the most intimidating. The word alone conjures images of courtroom drama, and that association is what makes it so anxiety-inducing. The reality is considerably less dramatic, thankfully. 

A deposition is just a formal session of sworn testimony conducted outside of court, such as in a law office without a judge present. A court reporter attends and transcribes everything that is said, creating an official written record. In a workers' comp case, depositions usually occur several months into the process and allow the defense to gather your account of the injury, your treatment history, and how the injury has affected your life.

Who Is in the Room During a Deposition?

At a workers' comp deposition, you can typically expect:

• Defense attorney — Representing the insurance company or your employer
• Your attorney — Present throughout and actively involved in protecting your interests
• Court reporter — Transcribing every word said in the room
• Claims adjuster, but not always — An insurance representative who may attend to observe

What Types of Questions to Expect

Deposition questions generally fall into a few broad categories:

• Background and employment history — Your work history, job duties, and prior employment
• Work-related injury — How, when, and where it occurred, and what you did immediately afterward
• Medical treatment — Care you have received, your current symptoms, and your ongoing limitations
• Impact on daily life — How the injury has affected your ability to work, sleep, and perform everyday activities

What the Defense Attorney Is Actually Looking For

The defense attorney is not neutral. They are looking for inconsistencies. Specifically, anything you say that contradicts what you told your employer, your doctor, or anyone else involved in your case will catch their attention. They are looking for openings to introduce pre-existing conditions as an alternative explanation for your injury. They will ask questions designed to get you to minimize your symptoms, which may be a natural social instinct when someone asks how you are doing. They will use vague or imprecise answers to challenge your credibility later. Understanding this going into the meeting can help you stay more precise.

How Your Attorney Helps

Before the deposition, expect your attorney to:

• Conduct a preparation session walking through the types of questions you will face.
• Coach you to answer only what is directly asked and to never volunteer additional information.
• Review your medical records and prior statements to flag any potential inconsistencies in advance.
• Advise you to pause before answering to give yourself and your attorney time to think.
• Raise objections when the defense asks improper or misleading questions.

Transcript After the Deposition 

Once the deposition concludes, the court reporter produces a written transcript of the entire session. You have the right to review this transcript, and if you find factual errors, not simply answers you wish you had phrased differently, you can submit corrections through what is called an errata sheet. The transcript then becomes part of the official record and may be referenced at any point throughout the remainder of your case, including at hearings and during settlement negotiations.

Depositions are far more manageable than they seem, especially with the right preparation and the right attorney in your corner. Pacific Workers', The Lawyers for Injured Workers offers free consultations to injured workers across California. Call us today at (888) 740-6434 if you have questions about your deposition or any other step in the process.