Consequences of Missing a Deposition for Workers' Comp 

In workers' compensation claims, every step of the process holds utmost importance. Depositions serve as evidence-gathering sessions that can substantially influence the outcome of your case. 

If you've received a deposition notice, it's normal to feel nervous. Maybe you're worried about what they'll ask, or maybe life has gotten in the way and you're not sure you can make the date. Either way, here's what you need to know: skipping a deposition rarely makes the problem go away. It usually makes it bigger. The good news is that almost every conflict can be solved if you speak up early. 

Key Takeaways 

• A deposition is sworn testimony. What you say (or don't say) becomes part of the evidence in your workers' comp case. 
• Missing a deposition can delay your case, weaken your credibility, and lead the insurance company to ask a judge to order you to appear. 
• In California, when the insurance company schedules your deposition, it generally pays for your travel, lost wages, an interpreter if you need one, and your attorney's fee for that day (Labor Code § 5710). 
• If you can't attend, call your attorney as soon as you know. Rescheduling in advance is very different from not showing up. 
• Preparing with your attorney beforehand is the best way to walk in calm and tell your story clearly. 

Understanding Depositions in Workers' Comp Cases 

Depositions are sworn testimonies given by parties involved in a legal case, typically conducted outside the courtroom setting. In workers' compensation cases, depositions allow individuals to present their accounts of the incident, shedding light on the circumstances surrounding the injury. 

Role of Depositions in Gathering Evidence 

These sessions serve as an opportunity to gather valuable information, establish facts, and assess the credibility of witnesses. Depositions provide a chance to explore intricate details that might not be fully addressed in written statements. 

How Depositions Differ from Other Legal Proceedings 

Unlike court trials, depositions involve a less formal setting and are not presided over by a judge. They facilitate open-ended questioning, enabling a comprehensive exploration of the case's intricacies. 

What to Expect at Your Deposition 

Most workers' comp depositions take place in an attorney's office or by video. The insurance company's lawyer asks the questions, a court reporter records every word, and your attorney sits with you the whole time. Expect questions about your job duties, how the injury happened, your medical treatment, prior injuries, and how the injury affects your daily life. 

You also don't have to pay out of pocket to be there. Under California Labor Code § 5710, when the employer or insurer takes your deposition, you're generally entitled to reasonable travel and meal expenses, reimbursement for lost wages, a free copy of your transcript, a certified interpreter if you need one, and a reasonable attorney's fee set by the Appeals Board and paid by the insurer. 

"A deposition isn't a trap, and it isn't a test you can fail. It's your chance to tell the insurance company, on the record, what really happened to you. The workers who do best are the ones who show up, tell the truth, and let us prepare them ahead of time." 
— Bilal Kassem, Co-Founder & Managing Director of Litigation, Pacific Workers 

Legal Implications of Missing a Deposition 

The absence of a key party at a deposition can lead to gaps in the evidence presented. These gaps may hinder a complete understanding of the case, potentially influencing the final decision. 

Missing a deposition can cast doubt on the sincerity and seriousness of the injured party's claims. The opposing side may exploit this absence to question the veracity of the overall case. 

The opposing counsel may view a missed deposition as an opportunity to gain an upper hand. They could raise objections and challenge the credibility of the injured party's assertions. 

What the Insurance Company Can Do Next 

When an injured worker doesn't appear, the insurance company's attorney will usually do some or all of the following: 

• Reschedule and document the no-show. The missed date goes on the record and can be raised later. 
• File a petition to compel. They can ask a workers' comp judge to order you to attend. Ignoring a judge's order is far more serious than missing the first notice. 
• Ask for costs or sanctions. If a no-show is found to be in bad faith, the judge has authority under Labor Code § 5813 to order costs and sanctions. 
• Slow your case down. Settlement talks and hearings often wait until the deposition is done, so every missed date can push your benefits and settlement further out. 

Example: How One Missed Date Can Snowball 

Consider a warehouse worker with a back injury who gets a deposition notice in the mail. He's afraid of saying the wrong thing, so he sets the letter aside and doesn't mention it to his attorney. The date passes. The insurance company reschedules, then files a petition asking the judge to order him to appear. Meanwhile, settlement discussions stall. He eventually sits for the deposition, but the defense attorney opens by asking why he skipped the first one, and months have been added to a case that was close to resolving. 

The fix would have taken one phone call. A single conversation with his attorney could have moved the date and gotten him prepared. 

Reasons for Missing a Deposition 

Life is unpredictable, and emergencies can disrupt even the most carefully planned schedules. Unexpected events such as accidents, health crises, or family emergencies can lead to deposition absences. 

Ineffective communication between the injured party and their legal representation can inadvertently result in missed deposition dates. 

Health challenges, whether related to the injury or other medical conditions, can render an individual physically or emotionally unfit to attend a deposition. 

Work commitments, especially for those still employed, can clash with deposition schedules, creating a dilemma for the injured party. 

What to Do If You Can't Make Your Deposition 

Having a real reason to miss isn't the problem. Not telling anyone is. If something comes up, here's what to do: 

1. Call your attorney right away. Days of notice give your attorney room to reschedule. Hours of notice make it much harder. 
2. Explain the conflict honestly. A medical appointment, a family emergency, or a work shift are all things your attorney can work with. 
3. Keep proof. A doctor's note, hospital paperwork, or a work schedule helps show the absence wasn't in bad faith. 
4. Ask about a video deposition. If travel or pain makes getting there hard, remote attendance may be an option. 
5. Confirm the new date in writing. Put it on your calendar and ask your attorney to schedule a prep session before it. 

"The call I hope to get is the one that comes a week early: 'I have a conflict, what do we do?' We can almost always fix that. The call I worry about is the one that comes after the date has already passed." 
— Bilal, Attorney, Pacific Workers 

Example: Rescheduling the Right Way 

Now picture a home health aide whose deposition lands on the same morning as a surgery consult she waited three months to get. She calls her attorney the same day she notices the overlap and sends a photo of the appointment confirmation. Her attorney contacts the defense, a new date is set two weeks later, and the switch never becomes an issue in her case. She uses the extra time to go over likely questions with her legal team and walks in prepared. 

Have a deposition coming up and not sure what to expect? Call Pacific Workers at 800-606-6999 for a free case evaluation. We'll walk you through the process before you ever sit down in the room. 

Frequently Asked Questions 

Can my workers' comp case be dismissed if I miss a deposition? 

One missed deposition usually doesn't end a case, but it can lead to a court order compelling you to appear, possible costs or sanctions, and delays. Repeatedly failing to participate in your case can put it at real risk. Talk to your attorney right away if you've missed a date. 

Do I get paid for going to my deposition? 

In most cases, yes. When the insurance company takes your deposition, California Labor Code § 5710 generally entitles you to reimbursement for lost wages and reasonable travel expenses. 

Can I bring an interpreter? 

Yes. If you don't speak or understand English proficiently, the employer must provide and pay for a certified interpreter. 

How long does a workers' comp deposition last? 

Many last a few hours, though complex cases can take longer. Your attorney can give you a better estimate based on your case. 

Can I reschedule my deposition? 

Often, yes, especially with advance notice and legitimate reason. Contact your attorney as soon as you know about a conflict. 

Conclusion 

In workers' compensation cases, attending depositions represents an essential commitment to pursuing your claim effectively. 

You don't have to walk into it alone. With the right preparation, a deposition becomes one more chance to be heard. 

If you need help with your workers' comp case, contact Pacific Workers' at 800-606-6999 or schedule an appointment for a free case evaluation by clicking below. 

👉 Schedule a free consultation now 

Disclaimer: This article is for general informational purposes only and is not legal advice. Every case is different. For advice about your situation, speak with a licensed California workers' compensation attorney.