A deposition is a discovery tool where the employer’s attorney will ask you questions UNDER OATH about your case. This is fairly common in most worker’s compensation cases. Sometimes, a representative from your employer will be present, but will not ask questions. A court reporter will be present typing down everything that is said in the room. If you need an interpreter, one will be provided to you if you notify us in advance.
If you fail to tell the truth, Perjury, you can be imprisoned and or fined. You may loose your benefits in worker’s compensation and charged with a felony.
Your attorney will prepare you before the deposition begins. Once the deposition starts, the employer’s attorney will go over the “ground rules” for the deposition. You make take a break at any time. You will be asked about medication, drugs, and alcohol you took or consumed in the previous 24-48 hours to see if will affect your memory or ability to give your best testimony.
The types of questions they ask are related to identifying information, previous employment, medical history, injury and treatment, and your current symptoms. If you have a psychiatric injury they can also ask your questions that are very private to find out what other problems could cause your psychological symptoms besides your work injury.
There is an attorney-client privilege and the defense attorney, the attorney for the employer may ask you questions about conversations or communications with your attorney. Do not answer these questions because they are privileged. If you are unsure about questions, ask your attorney.
The deposition is a tool used by the employer to discover information they don’t know about the case and try to save money for their client by finding issues with causation, it didn’t happen at work, and apportionment, other factors contributed to your work injury that they get some discount for.
The deposition will sound very much like a conversation, but everything you say is being recorded and you are under oath to tell the truth.
A deposition is NOT the time to tell your story. It is a tool used by the employer (their defense attorney) to use against you in the case. Try to keep your answers brief and if the question is yes or no, only respond with yes or no. If they don’t ask you about something that you want to tell them, take a break and talk to your attorney first. Always pause after a question is asked to see if your attorney has an objection, then you may answer unless your attorney tells you not to answer.
If you do not know the answer, “I don’t know,” or “I don’t remember,” are fine answers. If you have an estimate, not a guess, you may provide that answer. For instance, if you don’t know the address, but you know a cross street or a town, those are estimates. If you don’t remember, do not guess and say you don’t remember.
Sometimes, the attorney will show you a document to help refresh your memory. If the document helps refresh your memory, then you can say so. If it doesn’t help you remember, then say the document doesn’t help you remember. Just because the attorney shows you a document, it does not mean it’s accurate or that it’s you and no someone with your same or similar name.
Your testimony could be used at trial to “impeach” you. If you testify differently at trial then you did at your deposition, the defense attorney will point out that your story has changed and causes doubt as to your truthfulness.
The testimony is also a basis for investigation, for the defense attorney to check the facts of your story and try to find inconsistencies. It is also to find other records of your medical history to prove that 1) your injury did not happen at work or 2) that your injury was partially caused by some other condition or injury and partially caused by work.
It is best to have an attorney represent you to protect your rights.