Why Are They Taking My Depo?

Two men talking at a negotiation table.

A deposition is a new experience for most applicants. While it may seem daunting, a deposition is a fairly common occurrence in the Worker’s Compensation system. So, why is your deposition being taken?

  1. Do not worry – you are not on trial. Having your deposition taken does not mean you did anything wrong. The worker’s compensation carrier simply wants to get all the facts of your case.
  2. Can you tell the truth? This is not a trick question. One purpose of your deposition is to see how good of a witness you are for your case. The important thing is to answer truthfully and honestly. Take a deep breath, think about the question, and answer to the best of your knowledge. Don’t overthink the question. As your attorneys, we will step in if we believe any certain question is inappropriate.
  3. The insurance carrier wants to know how your injury occurred. They want to hear it from your perspective. This way they can send the transcript (written version) of what happened to your doctor, or to the court if necessary.
  4. The insurance carrier wants to know of any injuries or health conditions prior to your work injury. Keep in mind – just because you may have a prior injury to the same body part does not mean your injury is not work related. There may be multiple causes to an injury.
  5. Finally, why is the insurance carrier taking your deposition? Because they can. At the end of the day, they want more information and this is one way they can get it. Just remember – you are simply answering questions to the best of your ability. You aren’t being punished or put on trial. Just answering questions.

So what can you do to prepare for a depo? Get a good night’s sleep. Make sure you do not consume any alcohol or drugs that could interfere with your thought process or speech. You want to be clear-headed and coherent. Trust that you have an experienced attorney or representative who will be in the deposition with you to advocate for you. Most importantly – try not to worry. This is just another step in your Worker’s Compensation Case.

The law firm of Ghitterman, Ghitterman and Feld helps employees in the areas of workers’ compensation, social security disability, disability retirement, personal injury, labor and employment issues. Founded in 1956, the firm now has offices in Santa Barbara County, Ventura County, Kern County, Tulare County, and Fresno County. The firm is proud to continue this tradition of securing all available rights for the injured and disabled in our community. For more information about what we do, how we might be about to help, or resources, see our website at www.ghitterman.com.