Legal Professionals Standing By 24/7

How to prepare for a Deposition in Workers' Comp

man and woman sitting in a table setting discussing

In every Workers’ compensation claim, you can find many decisive steps that can either make or break your case. One of those steps is called a Deposition. If you are unfamiliar with the term, we have a blog explaining what a deposition is and what outcome you can expect from it. Just click here and learn all about it.

Making sure you know your rights allows you to achieve a better outcome. It's just like when you are about to take a driving test: you wouldn't do it without previously practicing or studying, right? In the same way, a deposition is something you really want to be prepared for beforehand.

In this blog you'll learn five easy tips to help you achieve a successful deposition for your Workers’ Comp case.

1. Rest Well Before Your Deposition

Depositions can go on for up to 7 hours long. Getting a night of great sleep and being well-rested will help you stay on top of everything. It will also be crucial if you want to be in your A-game. The last thing you need is to doze off or fall asleep during such an important part of your case.

You will find yourself facing many tricky questions asked. Be careful because, depending on your answers, they can use them against you. You want to make sure to answer to the best of your ability. Insurance adjusters are notorious for confusing injured workers during depositions with ticklish questions, so watch out and be alert.

2. Prepare With Your Attorney Beforehand

If you have a good attorney, they will help you prepare before your deposition. They will guide you on how to best answer questions, explain the ground rules, and set you up for a victorious deposition.

Below are a few examples of how your attorney can prepare you:

  • Don't give short answers such Uh, Um, Mm, Hmm, etc.

  • Elaborate on your answers and try not to hesitate.

  • Don’t nod your head up or down and side to side to answer a question.

  • Do not interrupt.

3. Dress for Success

Choosing the right outfit is also an important factor for your deposition. At the end of the day, your deposition is considered a court proceeding. Judges and jury can easily make an image of you based on what you are wearing. The same goes for the defense attorney and the insurance adjuster. Whether or not they admit it, they will judge you based on your appearance.

4. Listen Carefully to Your Attorney

Your attorney will be reviewing a lot of important information and will also be stepping in during your deposition. The reason for this is they will want to make sure to protect your interests.

Some of the situations that make them step in are:

  • Making objections

  • Instructing you not to answer

Make sure you listen closely to everything that everybody is saying. Following these tips alone will ensure a successful deposition for you.

5. Understand the Ground Rules

Finally, verify you understand the ground rules. Attorneys like to call these rules admonitions. In case you have never taken a deposition before, these ground rules will seem complicated and overwhelming for you. You want to make sure you comprehend everything, and having an attorney is a great start.

It is important to note that when you appear at a deposition, you are testifying under oath. It means you raise your right hand and swear to tell the truth under penalty of perjury, so help you God. That is, you are swearing not to lie. In California, lying in a deposition is considered a felony, so always be honest.

In addition, the courts record the Depositions. There is a court recorder in the room who legally transcribes everything that is being said. So that after the deposition, they can craft a booklet for you to review.


When you are fighting the Workers’ Compensation system and you really depend on the outcome for tomorrow, having a lawyer makes all of the difference to the success of your case. It is crucial not to wing such a complex battle that can ultimately change the course of your future.

Let us help you prepare and set yourself up with a triumphant deposition. Our team of attorneys can guide you and look out for your best interests and your family's.

Talk to us for free at 800-606-6999 or make an appointment here.

Pacific Workers', The Lawyers for Injured Workers in Northern California's Premier Workers' Compensation Law Firm. Representing First Responders, Health Care Workers, Construction Workers, Delivery Workers, Warehouse Workers, and all the hard-working people that keep our community moving in their Fight for Justice against the Insurance Companies.

With over 250+ Five Star Reviews; an incredible staff of caring, well-trained, advanced technology for superior client communication: a track record of an over 98%-win rate, and giving back to our community through the Pacific Workers' Foundation, it is easy to see why Pacific Workers' is the go-to law firm for all injured workers in Northern California. Offices in Oakland, Concord, Stockton, Tracy, San Jose, and Sacramento.

If you or a loved one need help or just have a question, give us a call at 800-606-6999 or email us at

Related Posts
  • Effective Strategies for Repetitive Motion Injuries and Workers' Compensation Read More
  • Are farm workers entitled to workers compensation? Read More
  • How to Calculate the Value of a California Workers Compensation Claim Read More