A hearing is typically scheduled for a workers’ compensation claim when the injured worker and insurance company cannot resolve an issue related to the claim. For example, a hearing would be needed if the insurance company believes the injured worker is not entitled to benefits.
An important part of pre-hearing planning is discovery, which is a process that both sides use to gather evidence. During this process, the injured worker is usually asked to sit for a deposition, which means answering questions about the claim under oath. Here’s a look at some of the questions you may need to answer during a workers’ compensation deposition:
How did you sustain the injury?
The opposing party’s attorney will most likely ask how you sustained the injury. If the injury was sustained in an accident, this question should be fairly simple to answer. However, if you are suffering from a repetitive motion injury or occupational disease, this question is difficult to answer. Be sure to talk to your lawyer prior to the deposition to determine the best way to answer this question.
How was the injury treated?
Next, the opposing party’s attorney could ask about your treatment. You will need to go into as much detail as possible when describing medical treatment. A good way to approach this question is to start by explaining what happened at the first doctor’s appointment following the injury. Then, move to the next until you have covered every aspect of your treatment plan.
Many people forget to mention prescription medications, but this is an important part of your treatment plan, so don’t forget to include this information when answering the question.
What limitations do you have?
Another topic that will be covered is limitations related to the injuries. The attorney will need to know how the injury has affected your life to understand the severity of your condition. Mention every current limitation even if you think it is insignificant. For example, if your injury has made it difficult for you to sit for a long period of time, this needs to be brought up when answering this question. You may not think this is a serious limitation, but forgetting to mention it could affect the outcome of your claim.
Do not sit for a deposition without speaking to the attorneys at Armstrong & Vaught, P.L.C. first. Our experienced attorneys will ensure you are prepared for the deposition so you know exactly how to answer the opposing attorney’s questions. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.