How to Handle a Deposition in Your New Jersey Workers’ Comp Case
February 4, 2019 | By admin
If you are trying to get workers’ compensation after being injured in a work-related incident, you may have to give your deposition during the legal process. A deposition is session that is recorded for evidence in which you or other witnesses are required to answer specific questions under oath. Don’t worry though! This is not an interrogation. It is simply a required legal procedure to get quality witness testimony and feel for the overall incident. Being prepared for how the process works and how you can answer questions ahead of time can help reduce any stress you may be feeling.
The Deposition Procedure You Can Expect
Being aware of what is going to happen before you head to your deposition can be helpful. To start, you should expect there to be your lawyer, a lawyer taking your deposition, and a court reporter. The court reporter will make a written record of what is being said as additional supporting evidence for the workers’ comp case. You will be asked to swear an oath as well, which can have legal consequences should you choose to provide false information. Make sure to answer truthfully to avoid running the risk of being found guilty of perjury.
Possible Questions to Expect at Your Deposition
There are many types of questions that are commonly asked at a deposition. Usually it involves details of the incident, how you were injured, your background, and information about your injury or illness. Expect any of the following types of questions to be asked of you:
- Your Background Information – such as your name, date of birth, address, contact information, education, work history, criminal history, etc.
- Prior Injuries or Accidents You Have Been In – They will want to know about any pre-existing medical conditions to make sure that the injuries in question definitely have to do with the workplace incident.
- Circumstances of the Accident in Question – Workers’ Comp runs under a no-fault system, so questions here are limited. You still may be asked to give certain details about how the injury came to be.
- Details and Diagnosis of Your Injury or Illness – Includes details of pain, when you were diagnosed, how the incident related to your injury, if it was an accident or an over-time cause, etc.
- Treatment of Your Injury or Illness – They will want to know what steps you have taken to treat your medical condition including medication, therapy, chiropractics, surgery, etc.
- Your Current Physical or Mental Limitations – They will want to know exactly how the injury or ailment is affecting your day to day life and your work ability as an employee.
Guidelines for Answer Deposition Questions
You should consider following some basic guidelines when having your deposition taken. By following some of the basic advice below, your deposition can go more smoothly and without any hiccups. Some general rules you can follow include:
- Listen carefully to questions and do not rush your answers
- Do not volunteer any information that they do not ask for
- Make sure your answers have clarity
- Do not attempt to guess about details of the incident or your condition
- Keep a calm state of mind and make sure to seem relaxed
- Do not share confidential information you have discussed with your lawyer.
With these guidelines and the details of this article, you should be able to comfortably go to your deposition without problems. Just remember: This is not an interrogation, but you are under oath and must answer clearly, accurately, and honestly.
Contact a Jackson Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey Workers’ Compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the Workers’ Comp benefits you deserve. That is why you should speak with a knowledgeable Workers’ Compensation lawyer about your situation and get guidance throughout the claims process. The experienced Workers’ Compensation attorneys at Lombardi & Lombardi represent clients in New Brunswick, Howell, Perth Amboy, Brick, and all across New Jersey. Call (732) 709-7992 or email us today to schedule a free consultation about your work injury case. Our main office is located at 1862 Oak Tree Road, Edison, NJ 08820, and we also have offices in Brick, Freehold, and Point Pleasant Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.