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.

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.

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 any thing 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.