Some workers’ compensation claims are very simple. An employee gets hurt on the job, and their employer is receptive to their request for compensation afterward. The insurance company promptly handles the claim. The worker secures health benefits and potentially disability benefits without any controversy. Once they recover, their benefits end.
Other times, employers and insurance providers may dispute a benefits claim. There may be questions about the origins of an injury or the necessity of different types of treatment. When there are significant issues during a worker’s compensation claim, the insurance company may request a deposition.
What typically occurs during a Florida workers’ compensation deposition?
Thorough questioning by an attorney
At its most basic, a deposition involves making sworn statements in front of an attorney. They ask very specific questions about someone’s condition, their symptoms, how they got hurt and their response to treatment so far.
The worker must answer the questions honestly without exaggerating or guessing at a response. They should be as honest as they would be when answering the same questions in a court or law. Although a judge isn’t present, anything said during a deposition can become evidence in any litigation that might arise later.
The statements made during a deposition can determine what benefits a worker receives and might either resolve the controversy around their benefits claim or further complicate the situation. The conduct of the worker can influence how the insurance company views them and their claim. It is of the utmost importance to present a positive image with calm, respectful behavior. Workers should avoid becoming emotional or confrontational during a deposition, even if the questioning is frustrating.
They should also ask for clarifications when they do not understand the question asked. The attorney may ask about someone’s personal history and their family, as well as any other accidents or injuries they previously had. They may also need to give information about their job and the incident that led to their injury.
An attorney representing a worker in need of benefits can potentially help them prepare for the deposition so that they don’t endanger their benefits by handling the process improperly. They can help someone prepare by coaching them on their appearance and conduct.
Knowing what to expect can help workers remain calm and collected even when facing aggressive questioning by an attorney who represents a workers’ compensation insurance company. Depositions can be an important undertaking for those who need medical and disability coverage following an injury on the job.