Hablamos Español

Close this search box.

Top 7 Workers’ Comp Deposition Mistakes

Some of the top workers’ compensation deposition mistakes include failing to follow your lawyer’s advice and giving answers that you are not certain of. Depositions are recorded, and your statements may be used against you in one or more ways—including as evidence at trial.

You can work with a lawyer from our team to prepare for your deposition. By avoiding common workers’ deposition mistakes, you may prime your lawyer to secure the compensation you deserve.

Mistakes to Avoid During Your Workers’ Compensation Deposition

The insurance company has the capacity to pay the compensation you deserve, and a deposition may be one of several necessary steps in the claims process. When an insurance company requests that you undergo a deposition, the preparation process begins.

If you hire our firm, our attorneys will prepare you to avoid the top workers’ comp deposition mistakes, which include:

Answering Questions You Don’t Understand

While workers’ compensation depositions may involve common lines of questioning (such as the details of the work-related injury), participants do not receive a script of the questions they will hear. You should never answer a question that you do not fully understand.

If insurance representatives ask an unclear, incomplete, or otherwise incomprehensible question, you may:

  • Ask them to repeat or clarify the question
  • Ask them to rephrase the question
  • Defer to your attorney, explaining that you do not understand the question and following their advice

If you respond to a question that you don’t fully understand, you risk giving an inaccurate or unclear answer. The insurance company may use such answers to portray you as dishonest, confused, or uncertain about key components of your claim.

Giving Answers That You Are Not Confident Of

You should never give answers that are:

  • Unclear
  • Incomplete
  • Speculative
  • Dishonest
  • Rooted in uncertainty

If you don’t know the answer to the question, defer to your lawyer for advice. In some cases, it may be appropriate to admit that you do not know an answer, but you should lean on your attorney in any circumstance where you are uncertain.

Failing to Defer to Your Attorney

An attorney is a valuable resource during a workers’ comp deposition (and all other aspects of a workers’ compensation claim). Use this resource.

If your attorney gives you advice, follow it. If you have questions and need answers, ask your lawyer. We have extensive experience securing financial results for injured workers, and we have accompanied many clients through depositions. You can rely on us to successfully lead you through your workers’ comp deposition without a hitch.

Being Dishonest About Injuries and Losses

Before the deposition, you and your lawyer will review the circumstances that caused your injuries, the details of your symptoms, and other facts that the insurance representative may ask about. Simply stick to the truth, and the deposition should go smoothly.

Responding Emotionally

Workers’ comp depositions are often uncomfortable for injured workers, especially as they’d rather be resting and recovering. However, you may harm your case for compensation if you:

  • Exhibit anger
  • Insult the questioner
  • Show signs of frustration
  • Speak based on emotions rather than solely considering what is best for your claim

Our legal team will prepare you with strategies for coping with any frustration, anger, or other disruptive emotions that arise during your deposition.

Being Overly Specific or Definitive

If you do not remember specific details of your work-related accident or cannot provide other specifics that the insurance company’s attorney asks for, don’t feel pressured to provide such details. Otherwise, you may risk providing inaccurate information.

Failing to Take Advantage of Breaks

You are allowed to take breaks during a workers’ comp deposition. Breaks are important because:

  • They can help you remain mentally sharp.
  • Food and drink may be necessary to stabilize your mood and allow you to get through the deposition without disruptions or errors.
  • You can refresh and collect yourself during challenging portions of the deposition.

Our team will explain how many breaks you can take, when you can take them, and how to signal that you need a break.

How a Lawyer Will Guide You Through a Deposition and Fight for Fair Workers’ Comp Benefits

The U.S. Bureau of Labor Statistics (BLS) explains that about two of every 100 full-time workers suffer a workplace injury in 2021. Unfortunately, not every injured worker gets the compensation they deserve for medical care, lost income, and other injury-related damages.

In some cases, injured workers assume that the insurance company will handle their claim fairly and honestly, only to find out otherwise. By hiring an attorney from our firm, you take no chances. We will fight for all the workers’ comp benefits you deserve and take additional legal steps if the insurance company will not offer a fair settlement.

Our legal team will lead your workers’ comp deposition by:

  • Preparing you for the deposition, including the questions you are likely to hear from insurance representatives
  • Accompanying you through the deposition, shielding you from any inappropriate questions, badgering, or other bad-faith tactics by the insurance company’s lawyers
  • Facilitating the deposition so it can conclude in a reasonable time frame

Our team will also handle the other aspects of your claim. If we need to take legal action against the insurance company, we will by:

  • Calculating the cost of injury-related losses
  • Negotiating with the insurance company responsible for your workers’ compensation claim
  • Gathering all evidence related to your work injury
  • Resolving the claims process
  • Taking your case to trial if we need to

We are a full-service firm committed to helping workers get the benefits they deserve. Let us fight for you.

Call for a Free Consultation About Your Workers’ Compensation Claim

Work-related injuries and illnesses are the precise reason why workers’ compensation insurance exists. However, you may need to fight for the benefits you deserve, and  a workers’ comp lawyer from KJT Law Group will lead the fight.

Call us today at (818) 507-8525 for your free consultation. With millions recovered for our clients, you’ve come to the right firm.

We Will Fight For You

Contact our firm to get started.
Please enable JavaScript in your browser to complete this form.