Not all workers hurt on the job have an easy time getting the workers' comp insurer to pay them benefits. In some cases, the worker must appeal a wrongful decision and that may also involve participating in a deposition. This is an important part of the workers' compensation appeal process and workers who are prepared may have a less stressful and more successful time of it. Read on to find out more.
What is a Deposition?
For hurt workers denied their benefits, taking part in the appeals process can seem like a lot. That is why many workers get help with their claims by speaking with a workers' compensation attorney. These attorneys are well-versed in the complex rules about workers' comp insurers and claims. They will help you prepare for your deposition by guiding you toward what you are likely to be asked.
Depositions are held, often, in a conference room and only certain people are present. You will be questioned by the attorneys that represent the workers' comp insurance company about your work injury and your current medical status. These meetings are recorded, and all parties are sworn to tell the truth.
How to Prepare
The questions at the deposition will focus primarily on the area of contention. There was a reason, or perhaps several reasons, why your claim was denied. In other cases, you received a ruling on your claim that you disagreed with. The deposition will often begin by being asked some general questions about your personal characteristics such as your family, education, work history, and more. Soon, however, the questions will become focused on the issues that led to you being deposed. Speak to your lawyer and know what to expect from the questioning. That way you can be ready to answer questions without hesitation or without being confused and giving wrong answers. Follow these additional tips to be ready:
- Read over your initial claim and everything you have sent and received from the workers' comp insurer and your employer concerning the accident.
- Get a copy of your medical records and refresh yourself on your medical treatments up to now. Be ready to explain how your injuries are doing at the present time. Don't exaggerate but don't leave out any details either. Whenever possible, be precise when describing your discomfort and be sure you connect it with your job tasks.
- Be as detailed as you can as the questions get more into the reason for the denial. For example, if you were ordered to go back to your job before your injury was healed, explain why you disagree with that ruling. If your lawyer obtained a second opinion about your ability to return to work, be ready to explain what the doctor said.
Count on your lawyer to be ready for this event and to help you get the benefits you deserve for your work injury.