At a workers’ comp deposition in Gastonia, NC, expect a formal proceeding where you are placed under oath. Expect to answer questions about the accident and your medical care. Your Gastonia workers’ compensation attorney may help you clarify and object to workers’ comp deposition questions. The deposition information may be used to pursue a settlement, or it may be used in subsequent workers’ comp proceedings.
What Is a Deposition in a Workers’ Comp Case?
A deposition in a workers’ comp case is a formal proceeding where a person testifies under oath about a case. People who may be deposed in a workers’ comp case include:
- The injured person
- Co-workers
- Other people who observed the accident
- Managers and supervisors
- Treating physicians
- Experts and medical professionals presented by the injured person
Will I be deposed in a workers’ compensation claim in Gastonia?
Maybe. In North Carolina, depositions of the injured worker are not automatic. The defense can’t schedule a deposition of the employee and require you to be there. Instead, they need either approval of the court or agreement of the other party. In Gastonia workers’ comp claims, depositions are often used to develop medical evidence and information (§ 97-80(d)).
Your attorney can evaluate if you’re likely to be deposed in your case.
Formal Proceedings
A deposition will feel like a formal proceeding, but it is not held in a hearing room or a courtroom. It may be held in an office, conference room, or other neutral place. The deposition may also be virtual.
There will be a court recorder or court reporter. This person is not the judge. It’s the court reporter’s responsibility to record the proceedings and create an official transcript.
You will be placed under oath and sworn to tell the truth.
The attorney for the insurance company will be there. The NCIC administrative officer who is deciding your case will not be there. If you have an attorney, they will also be present.
Should you have an attorney for a workers’ comp deposition in Gastonia, NC?
Yes! If your deposition goes well, it can get you closer to a fair settlement for your workplace injury. Mistakes can make it harder for you to get the compensation you deserve. You can have a lawyer represent you, assisting you at your deposition and throughout your claim.
When will my deposition be in a workers’ compensation case?
In North Carolina, lay witness depositions may be ordered before or after a hearing before a commissioner. Before the hearing, the deposition is the opportunity to learn about the case. With you as the injured party, the other side likely wants your testimony to investigate fault and whether to approve your claim.
North Carolina also allows lay testimony to be taken after a hearing. There are several reasons for a lay deposition after a hearing, including scheduling conflicts, a hearing running late, or new information learned at the hearing that should be followed up on.
Common Questions You May Be Asked
Common questions to expect at a workers’ comp deposition include:
Background
- Basic information like your name and address
- Your employment history
- Your position with the company
Accident
- How did the accident occur?
- Who was present?
- What were the instructions and regulations for the task that you were performing?
- What event or events caused the accident?
- How did you respond to the accident?
- Did you have immediately apparent injuries or symptoms?
After
- To whom did you report the accident?
- What medical care did you receive?
- Are you following your medical care instructions?
- Are you experiencing new or worsening pain or symptoms?
- Do you have any pre-existing medical conditions?
- How do your injuries impact your ability to work?
- Are you working on light duty? If so, how is it working?
How To Prepare for Your Workers’ Comp Deposition
To prepare for your workers’ comp deposition, consider the questions that the defense is likely to ask. Your attorney can identify questions that are likely to be asked and can help you practice for tough questions.
As you prepare, remember the following:
- Stay calm.
- Answer only the question asked.
- If you don’t understand, ask for clarification.
- Don’t speculate or guess.
- Listen carefully to each question.
- Don’t volunteer extra information.
Your Rights During a Deposition
At a deposition, you have important rights. You have the right to:
- Have your attorney present
- Make objections on the record
- Attorney-client privilege
- Reasonable breaks
- To fully listen to the question and answer completely
At a workers’ compensation deposition in North Carolina, your attorney may object to questions. These objections keep the deposition fair and the testimony clear.
Common objections are questions that call for a legal conclusion or speculation. A question may be compound, asking you to answer multiple things in one question. Questions may be misleading.
The defense can’t harass you by asking the same question multiple times. They can’t breach your attorney-client privilege.
It’s important to place the objections on the record. The attorneys can then discuss whether you will answer the question. Often, you will be instructed to answer. However, placing the objection on the record allows the hearing commissioner to rule on the objection later. The ruling may result in striking the answer from the transcript. Your attorney must work quickly to make objections, and the objection must be stated before you begin to answer each question. This is another reason to listen fully to the question and answer carefully.
What Happens After the Deposition?
After a workers’ comp deposition is taken, the court reporter will prepare a transcript.
The parties can use the deposition testimony as a basis for further investigation as well as to discuss a settlement.
The transcript can be referenced at a hearing, where you may also testify.
Mistakes To Avoid During a Workers’ Comp Deposition
- Guessing
- Answering if you don’t understand the question
- Not listening carefully to the question
- Not staying calm
- Failing to have an attorney
- Going into the deposition without adequate preparation
Contact an Experienced Gastonia Workers’ Compensation Lawyer
When you need an experienced Gastonia workers’ compensation lawyer, contact Horton & Mendez Injury Attorneys.
