Injured workers who are dealing with disputed benefits may have to participate in a deposition...
This is not an attempt to discredit your claims or injury, but simply a way for all parties to have the same set of facts and details.
All parties and their attorneys have the right to request depositions during the discovery period of a case in order to avoid surprises in court.
This page lists some sample questions that you may be asked by the opposing counsel in a deposition. Your experienced attorney will prepare you for the deposition by reminding you to stay calm, answer truthfully, and take your time.
What Happens in a Workers' Compensation Deposition?
The deposition is a legal meeting that carries the same importance as a hearing in front of a judge, so you are legally liable for whatever you say in the meeting. At the beginning of the deposition, you will be sworn under oath by raising your right hand and saying you will tell the truth.
If you are confused or unsure during a question, you are allowed to consult your lawyer. There is no need to "study" these questions or bring papers to back up your answers.
Try your hardest to remember accurate answers, but don't be afraid to admit you don't remember something.
Common Questions Asked in a Workers' Compensation Deposition
- What is your full name?
- What is your birth date?
- What is your Social Security number?
- Have you ever had another Social Security number or used another name?
- Have you had a deposition before?
Common Questions Asked about Your Family Life
- Are you married? If so, what is your spouses name?
- Have you ever had any kids? How old are they?
- Do your children live at home?
- Have you ever been married to anyone else?
- Does anyone depend on you for financial support?
Common Questions Asked about Your Personal Details
- Are you right or left handed?
- How tall are you?
- How much do you weigh? How much did you weigh on the date of your accident?
- Do you have a Florida driver's license?
- Have you ever worn glasses, contact lenses, or hearing aids?
- Do you speak, read, and write English well?
- Do you speak any language other than English?
Common Questions Asked about Your Education
- Are you a high school graduate?
- What is the name of the high school? Where was it located?
- What were your grades like in high school?
- Did you have any formal education following high school?
- Do you have trouble handling money or doing simple math?
Common Questions Asked about Your Criminal History
- Have you been convicted of a felony in the last 10 years?
- Have you been convicted of any crime involving false statements within the last 10 years?
- Are you currently on probation or under house arrest?
- Are there any current charges against you?
Common Questions Asked about Your Health History
- Were you suffering from any ailments before the on-the-job accident?
- Did you take prescriptions or require ongoing treatment prior to the work accident?
- What was the name of your primary doctor before the accident? Where were they located?
- Have you ever suffered an on-the-job injury before the one we are discussing today?
Common Questions Asked about Your Work History
- What kind of work have you done in your life?
- How long have you worked for your employer?
- Have you worked for anyone since this employer hired you?
- What were you doing at work right before your accident?
- How many hours do you work a week on average?
- What was your rate of pay?
Common Questions Asked about Your Work Accident and Injuries
- How, when, and where did the accident happen?
- What part of your body was hurt in the accident?
- Did anyone see the accident?
- Were you following all safety protocols when this happened?
- When did you report the accident?
Additional Common Questions that May Be Asked in a Workers' Compensation Deposition
The defense attorney may also ask you questions regarding:
- Military service
- Lasting pain
- Your physical abilities (such as climbing stairs)
- Personal activities (such as travel)
- Additional sources of income
Remember to answer all questions honestly.
If you are not sure of the answer, say you are not sure rather than guessing. A guess is a sworn statement, so it may be used against your case if it is inaccurate.