What Is a Medical Deposition in a Workers’ Comp Case?
If you were injured in the workplace and are in the process of trying to collect workers’ comp benefits, you should be familiar with something called a deposition.
In this article our Long Beach workers’ comp attorneys explain what a deposition is, and why it is important to winning your workers’ compensation case.
What is a Deposition?
A deposition is a chance for the attorneys representing either party in a legal case to question a party or witness about their knowledge of the matter, and to preserve the witness’ testimony. The intent is to get the facts of the matter on record before the trial. The deposition is conducted under oath, or under penalty of perjury. A court reporter records the testimony into a written transcript that will later be distributed to the attorneys to be used at trial.
Depositions happen in most civil cases like personal injury cases or contract disputes. And they are also very common in workers’ compensation cases.
Depositions in Workers’ Comp Cases
In workers’ comp cases, if cases are settled, a deposition will typically not be necessary. However, if the matter doesn’t settle, depositions are often taken before the hearing, and sometimes even afterwards.
The most common deposition is the Claimant or Plaintiff’s deposition – which is questioning under oath of the person who is suing for workers’ comp. However, other relevant witnesses may also be deposed.
Doctors’ Depositions Are Crucial to Workers’ Comp Cases
Sometimes the deposition of a medical doctor is taken by either the workers compensation insurance company lawyer or the Claimant’s lawyer, to clarify key medical issues and their relationship to the Claimant’s injuries. The doctor’s opinions then become part of the record, just like any other medical record.
Two key issues that will likely come out of a doctor’s deposition is the relationship of the injuries to his or her employment, and also whether or not the employee can return to work. The treating doctor is in the best position to answer these questions.
Attorneys Can Help with Workers Comp Depositions
Whoever is being deposed, be it you, your doctor or another witness, it is critical that you have an experienced workers’ compensation attorney by your side. The attorney will work with you to prepare you for what questions are likely to be asked, and will be present at the deposition to ensure that questions that are asked of you are proper and admissible. If another party is being deposed, your attorney will ask questions designed to solidify your case so that you have the best possible chance of prevailing at a hearing, or coming to a favorable settlement.
Depositions are nothing to be afraid of, but the presence of an experienced attorney can alleviate any fears you may have about the process. Our workers’ compensation attorneys have countless hours of experience giving just this kind of guidance, and will ensure that your deposition goes smoothly with a minimum of stress.
Long Beach Workers Compensation Lawyers
If you were injured or made ill in the workplace, we recommend that you speak with an experienced workers comp lawyer immediately. Even if you are currently receiving workers comp benefits, it is a good idea to get some legal advice to protect your rights going into the future.
An experienced workers compensation lawyer can help you identify minor issues before they become major problems – and make sure that you not only receive your benefits now, but for years to come.
Your consultation with our workers’ comp lawyers is 100% confidential, and neither your employer nor your insurance company will be notified that you requested a consultation with us. Our lawyers will help you understand your rights and work tirelessly to ensure that you receive the maximum workers’ comp benefits for which you qualify.
Call our Workers Compensation lawyers for a FREE CONSULTATION: 800-964-8047