What Kinds of Questions Will You Be Asked in a Worker’s Comp Deposition?

You were injured on the job, so you deserve fair payment for your bills and medical treatments from your employer. You’re not really afraid to give testimony to another attorney; the facts, as you see them, are pretty straightforward. However, if you’re not prepared to answer questions about your home life and previous jobs, you will likely be rattled on the stand—maybe even to the point where your answers hurt your case.

Questions You May Be Asked in a Worker’s Compensation Deposition

In any deposition, the opposing attorney is attempting to discover facts about you that can be used to discredit your case. While many of these questions seem perfectly innocent, your answers will shape the jury’s view of you—and just one bad response can unravel the rest of your testimony.

Before you go into your deposition, you should be prepared to answer questions about your:

  • Personal life. If you are married and have children that live at home, the jury can see that many people depend on your income. If you are right-handed and the injury affected your left, the court may decide that your injury is not as limiting as it might have been. Deponents with injured hands and arms are often unable to drive as a result, but if the court discovers you do not have a driver’s license, the jury may determine that you have not lost as much as other injured parties.
  • Previous employment. You will likely be asked about jobs you have held previously, including the name of the companies and the dates of your employment. Your employer will likely try to gather evidence of any other work-related injuries or injury claims, as well as whether you were ever fired from a previous job.
  • Accident details. When you are asked questions about the day of the accident, avoid telling a long-winded account of events. Give short answers to each of the attorney’s questions, avoiding speculation and your own opinion of the accident.
  • Current disability. The opposing attorney may allow that you were injured, but suggest that you are currently able to perform regular work. Be cautious if you are asked questions about how you feel or what your limitations are; avoid using words like “never” or “always” to describe your pain and abilities.

While you must answer these questions truthfully, you should go over common questions with your attorney to make sure your responses are given in the best possible light. Read through our related articles linked on this page to continue your deposition preparation, or click on our services tab to discover how we can help you.

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