Basically, you will be sitting down with the attorney for the insurance company, your attorney (if you have one), and a court reporter who will type a transcript of all the testimony given that day. Testimony is given under oath and will be presented at the hearing to determine whether or not an individual is entitled to workers compensation benefits.
Mistakes during a deposition can be extremely costly so I have put together a list of things to avoid for injured workers who may be facing a deposition.
1) No LYING! Never ever tell a lie during your deposition. This is testimony given under oath and, more often than not, the insurance company and their attorney have been dealing with the workers compensation system longer than you have and they will uncover the truth. Lying destroys your credibility and could even get you into other trouble later on down the road (fraud!). Like they told us in grade school, “honesty is the best policy!”
2) Don’t show up unprepared! Review your answers to the Interrogatories you have already answered (many of the questions you will be asked will come straight from this document). It is also important that you review your medical records, accident reports, and/or a recorded statement you may have given before the deposition to make sure you remember details.
3) Don’t talk too much! What I mean is, don’t volunteer information that has not been asked of you. Answer the question and nothing more. If the insurance company’s attorney wants more explanation, he or she will ask you to elaborate. This is not the time to plead your case or give a speech about how this injury has impacted your life. Your job at this phase of the process is to answer the questions only.
4) No guessing! Remember, this is testimony under oath. You can’t swear to something you are not certain of. Your answers should only consist of things you are certain about. If you don’t know the answer, it is ok to say “I don’t know.”