What to Expect at a Florida Worker’s Compensation Deposition

Do not fret about your upcoming deposition! Our team at Berlin Law Firm will be with you every step of the way! If you need a Florida Workers’ Compensation lawyer, our team is more than happy to assist you. You can learn more about working with our team here or contact us for free to discuss representation in your workers’ compensation claim.

We will meet with you at least fifteen minutes before the deposition to go over the ground rules. As always, feel free to give us a call if you have any questions prior to your testimony. In case you want to prepare ahead of time, here is some helpful information on what to expect.

What is a workers’ comp deposition?

A worker’s comp deposition is a process where a lawyer for your employer’s workers’ compensation insurance carrier will ask you questions about your work-related injury, your work history, and other matters relevant to your Florida workers’ comp claim.

Several things are common to all depositions:

The Entire Deposition is Recorded

A stenographer will record all questions and your answers and will then provide a written transcript of the entire deposition. The stenographer will ask you to swear an oath that you will answer all questions truthfully and accurately, to the best of your knowledge and ability.

You Will Be Shown Documents

The insurance carrier’s lawyer might ask you questions about documents, such as:

• bills from doctors who treated your injuries
• the notice you gave your employer about the accident that caused your injuries
• statements from eyewitnesses who saw the accident
• reports from investigators about your activities after you suffered a work-related injury
• text messages or communication between you and your employer

Tip: You should carefully read and review all documents that are handed to you during a workers’ comp deposition before you answer any questions about them.

You May Review the Deposition Transcript

At your request, the stenographer will send you the deposition transcript and allow you the chance to review it and correct transcription mistakes, but you cannot change or add any information to your answers. Your testimony, as recorded in the transcript, can later be used to support or contradict your claim for workers’ compensation benefits.

The Deposition Might Be Virtual Rather Than In-Person

While COVID-19 restrictions were still in place, many workers’ comp depositions took place over Zoom calls and other online mechanisms. Ask your Florida workers’ comp lawyer if you can do a virtual workers’ comp deposition if you have legitimate concerns about participating in an in-person deposition.

Your Workers’ Comp Attorney Will Be with You at Your Deposition

Your workers’ comp attorney will be with you but will not be able to answer questions for you or give you suggestions about how you should answer a question. If the insurance company lawyer asks anything inappropriate, such as inquiries about your discussions with your Florida workers’ compensation attorney or questions that mischaracterize your answers, your attorney will object and instruct you not to answer the question.

Most Depositions Last a Few Hours

Your workers’ comp deposition may last anywhere from one or two hours, or several more. You will have an opportunity to take breaks and to confer with your lawyer during those breaks. If, at any point, you recall information that might clarify any of your previous answers, you may be able to add that information to the deposition transcript when you return from a break.

Depositions can be unsettling, especially if you have never been deposed. An experienced Florida workers’ compensation lawyer will understand this and will work with you to help you prepare for your deposition and settle any nervous feelings you might have.

When you are interviewing lawyers to handle your workers’ compensation claim, make sure that you ask how they prepare their clients for their deposition. The best lawyers will anticipate the questions that you are likely to face and help you prepare for an insurance company lawyer’s aggressive questioning.

Where does a deposition take place?

Worker’s Compensation depositions take place in a conference room either in our office or a court report’s office near you. We will give you the specific address once your deposition is scheduled. Although your deposition is taking place in an “informal” setting, you will still be testifying under oath like you would in a courtroom.

What will I be asked at my deposition?

Your deposition is the insurance company’s chance to get to know more about your background and your injuries. It is important to answer truthfully, and only to what you can recollect.

Background information

You will be asked to state your name, date of birth, current address, places you have lived in your life, your educational background, and your work history. You will also be asked about any prior litigation experience, including other workers compensation claims, criminal convictions, or other civil lawsuits.

Prior medical treatment

You will be asked about prior injuries and medical treatment. The insurance company will be looking for any incidents that could have contributed to your current condition. It is important to be truthful about prior medical care. The insurance company likely already has your medical history and is looking to see if you will answer honestly.

Your work injury

The insurance company’s attorney will ultimately ask you how your work injury occurred. Worker’s compensation is a no-fault system so don’t worry about explaining how it happened. They will also ask how you reported your injury and to whom you reported it to.

Treatment and recommendations

You will be asked about the treatment you received as a result of your work injury, and what the doctors are recommending. You will also be asked about your limitations or how the injury is affecting your life. For example, you should explain if you still can’t lift heavy items, walk a far distance, sit or stand for a long period of time, or anything else you could do before the accident that you can no longer do as a result of the work injury.

Do’s and Don’ts

Do’s

Tell the whole truth, and nothing but the truth.

It is natural to feel that an answer could harm your case, but in reality, the only answer that will harm your case is an untruthful answer. A false or misleading statement for purposes of obtaining worker’s compensation could bar your entire claim and subject you to criminal prosecution.

Listen carefully to the question, and wait for the attorney to finish asking the question before answering.

Make sure you understand the question before answering. If you don’t understand the question or did not hear the question you can ask for clarification.

Answer clearly out loud.

The court reporter is there to document all the questions and answers. The court reporter can not take down head nods or shakes or “mhmm” and “Uhuh”.

Be polite.

It is completely understandable to feel frustrated regarding your case. The insurance company’s lawyer will be analyzing you during your deposition to see what kind of person you are, and how you would look to a judge in court. Appearing as a calm and reasonable person would help your case in the long run.

Don’ts

Do not volunteer information.

During questioning, you might feel the urge to give a long-winded answer or offer information that you think is important. But one of the most important rules of a deposition is to answer only the question you’ve been asked. If you can answer a question with a “yes” or “no,” you should do so. If there is something that needs clearing up, we will have an opportunity at the end of the deposition to ask you questions.

Try not to guess.

We have busy lives so it is hard to remember every single detail. If you are unsure or don’t know the answer to a question, it is perfectly okay to answer “I don’t know” or “I don’t remember”. If you are giving a guestimate, make sure you let everyone know that it is just an estimate.

Do not exaggerate the facts of your case, your symptoms, or your injury.

Exaggerations will hurt your credibility. Do not share information that you discussed with us. Conversations between attorneys and their clients are privileged and confidential.

No matter what, do not lose your cool or raise your voice.

No matter what, do not lose your cool or raise your voice. If at any point you need to take a break during your deposition to regain your composure, just let us know.