When you have problems with your workers' compensation insurance, it can seem overwhelming. You cannot work at your job, you are too hurt to work or enjoy your life, you are beginning to fall behind on your bills, and you are stressed-out to the max. If you're unsuccessful at getting your claim reconsidered through the appeals process you may need to take legal action against the insurer and part of the process is something known as a deposition. Read on to learn more about what to expect and how to handle the experience.
Be prepared: Review your paperwork going back to your original claim and moving forward. You will be able to refer to notes for specific details, but you need to know how to answer questions without shuffling paperwork. Remember how the accident happened and the key points of your medical progress since that time. Be ready to discuss when you were unable to work, when you might have worked light-duty or reduced hours, and other ways the accident or illnesses has affected your ability to do your job. Be sure to emphasize your current limitations in regard to work since your level of disability will directly affect your benefits.
Be appropriate: Arrive a few minutes early since being late will only increase your unease and dress appropriately. Formal wear is not necessary but look presentable and respectful of the event. Business-casual attire is usually appropriate.
Be credible in your testimony: You will be under oath to tell the truth. Failure to do so could get in you in big trouble. Not only that, but lying won't win you your case either. Even small inaccuracies could make it appear that your entire claim is made-up. Avoid exaggerations of your injuries; medical records will tell the real story.
Speak up: Non-verbal responses will only cause confusion, so avoid head nods and gestures. A court reporter will be recording every word you say, so speak at a moderately-loud level and clearly. For example, instead of pointing to your neck as the injury location, actually say that you hurt your neck on the left side just under your ear.
Answer the questions carefully: Don't be so sure of what is being asked that you rush in to answer a question before the lawyer has finished asking it. It may not be what you think, and you will have provided an answer that could hurt your claim. Listen carefully and understand what is being asked before you begin to speak; it's okay to ask for clarification or for the question to be repeated.
Depositions are serious events, and a legal team will represent the other side. Make sure that you are also well-represented by speaking to a workers' comp lawyer as soon as trouble occurs with your claim. For more information, check out a law office like Prediletto, Halpin, Scharnikow & Nelson, P.S.Share
17 July 2018
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