Common Deposition Mistakes to Avoid in Workers’ Compensation Cases

Workers’ Compensation Cases

Have you suffered a work-related injury? If so, it can be a stressful situation. This isn’t just because an on-the-job accident results in physical harm, but the injuries may require medical care and leave a worker with life-long disabilities. It can also bring up questions about how injured workers will recover compensation for the losses they have incurred.

In the state of Florida, workers’ compensation insurance is designed to offer no-fault benefits for those who are injured while they perform work-related duties. While this is true, there are situations when your claim may be denied.

If your claim for benefits is disputed, you have the right to appeal the decision. When this happens, you will go through a discovery process that typically includes depositions. Get to know some of the most common mistakes made during the deposition process here, along with how an attorney may be able to help.

What is a Deposition?

A deposition is a sworn testimony that you (or someone else related to the case) gives while under oath. During the deposition, there will be a court recorder present who records everything that is said. During this deposition, you are required to tell the truth. While you are being deposed, the attorney you have hired, and the opposing attorney will ask you various questions.

There are two reasons for a deposition:

  1. You have the opportunity to discuss your accident, injuries, and damages.

  2. The insurance company has the opportunity to investigate the claim you have made.

Mistakes Made During the Deposition

It’s essential you take time to practice what you will say and how you respond to questions before you are put under oath. The lawyer on the other side is going to be skilled and may try to trip you up. While you will likely review some of the questions they will ask with your attorney, make sure you do the following to avoid making serious and costly mistakes:

  • Avoid providing information or facts that you are unsure about.

  • Avoid acting in an unprofessional manner while you are being deposed and under oath.

  • Always answer every question honestly and completely (don’t leave information out).

  • Don’t exaggerate or hyperbolize your injuries, disability, causation, or anything else.

  • Don’t try to formulate your answer in a way that is manipulative.

Hire an Experienced Workers’ Compensation Attorney for Help

If you are unsure how to handle a workers’ compensation deposition on your own, or if you are worried you will make some of the mistakes that are mentioned above, the best thing you can do is to hire an attorney with experience in this field.

Our team at Scott J. Sternberg & Associates can provide you with the legal guidance and representation you need to help ensure your workers’ compensation benefits are approved. Contact our legal team by calling (561) 687-5660 today.

Additional Reading:

The 3 Most Common Causes of Workplace Injuries

Falls on Construction Sites Lead to Numerous Workers’ Compensation Claims

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