The deposition in a workers' compensation claim is a chance for both sides to gather evidence to support their arguments. Since you are the claimant, it is very likely that you will be required to undergo questioning in a deposition. If you are facing a deposition, here are some tips to help ensure that you do not harm your claim while being questioned.
Do Not Hide Details
Some claimants believe that hiding certain information can help protect their claim. In actuality, it can hurt. Failing to disclose important information about your workplace injury could lead to an allegation that you are attempting to commit fraud.
Failing to properly answer the questions could also present a challenge if your case does end up going to court. The insurance company's attorney could argue that by hiding information, your credibility is blown. As a result, the likelihood that a jury or judge decides in your favor could be decreased.
Do Not Volunteer Information
Although it is important that you do not hide information, you do not want to over-share. When asked a question by the attorney, it is important that you stick to only providing information that sufficiently answers that questions. By over-sharing, you run the risk of volunteering information that could hurt your claim.
Avoid Getting Emotional
Even though the accident in which you were involved was physically and emotionally taxing, it is important that you keep emotions out of it when you are at the deposition. Regardless of what questions are asked of you, stick to the facts and keep emotion out of it.
By allowing emotions into the conversation, you can lose focus on what is being asked of you and allow the insurance company's attorney to bait you. If you do find yourself becoming upset by the questioning, your attorney can request a break to allow you to compose yourself.
Wait for the Question
One of the biggest mistakes you can make during a workers' comp deposition is to try to anticipate the question. When you attempt to answer a question before it is completely asked, you run the risk of volunteering information that could be useful to the insurance company.
Always wait for the question to be completely asked before answering. If you are unsure if the attorney has finished his or her question, ask.
Prior to the deposition, you can prepare by going over possible questions with your attorney. Click to learn more.