What to Know Before Your Deposition for a Workers’ Compensation Claim
If you have been injured on the job in California, you might be entitled to workers’ compensation benefits. State law requires most employers to provide workers’ compensation coverage, so it is important to take advantage of the benefits. Filing a claim, however, can be challenging without the help of an attorney. An attorney can help you prepare for your deposition and ensure you receive the compensation you deserve.
The workers’ compensation lawyers at LNN know what it takes to file a successful claim. They have helped countless people obtain the benefits they need after a workplace injury or illness. If you have been hurt at work in Los Angeles, contact our office at (213) 232-4848 to schedule a free consultation.
What Is a Workers’ Comp Deposition?
A deposition is an out-of-court legal proceeding that is done prior to trial. It allows a party to ask questions to another party, witness, or expert while they are under oath. Depositions are usually recorded and transcribed.
Your attorney is allowed to be present at a workers’ compensation deposition. They can object to any questions that they feel are irrelevant or improper. They can also guide you on whether or not you should answer the questions that are being asked.
What Kinds of Questions Will Be Asked in the Deposition?
In a workers’ compensation deposition, they generally want to know about your background, injuries, and treatment plan. Generally, they will start by asking you questions about your identity, such as your name and address. Then they will get into more detail about your history and what caused your injuries.
At a workers’ compensation deposition, you may be asked:
- Where you previously worked
- Whether you were injured at your previous job
- Why you left your previous job
- How long you have worked with your current employer
- If you have pre-existing medical conditions
- If you were previously injured in an accident
- How the workplace accident occurred
- If you are receiving treatment
- Whether you are able to return to work
It is important to be direct and honest with your responses. Depositions are completed under oath. This means that you could be held under penalty of perjury if you are untruthful during questioning. If you are unsure how to answer a question, you should speak with your attorney.
Key Purposes of a Deposition
A deposition serves several practical purposes in a California workers’ compensation case. It is not just a formality—it is a chance for everyone involved to get a clearer picture of what happened and what is at stake.
Gathering Information
The defense attorney uses your deposition to learn about the facts behind your injury, your medical treatment, and how the accident changed your day-to-day life. It is an information-gathering tool that helps both sides understand the strengths and weaknesses of the claim.
Assessing Credibility
How you present yourself matters. The insurance lawyer and the court will be paying attention to what you say but also to how you say it—your tone, confidence, and body language. Staying calm and clear goes a long way toward showing that you are telling the truth.
Preparing for Litigation
A deposition gives your lawyer a preview of what the other side might do at a hearing. It helps shape strategy, anticipate defenses, and decide what evidence or witnesses may be needed later. For clients at LNN, this preparation can mean the difference between a quick resolution and a drawn-out legal battle.
Establishing a Record
Everything said in a deposition is recorded and transcribed into an official document. This record can become an important part of your case—especially if there is ever a dispute about what happened or how serious your injuries are.
How to Prepare for a Workers’ Comp Deposition
The best way to prepare for a deposition is by retaining an experienced workers’ compensation lawyer. An attorney can walk you through the process and even do dry runs to ensure that you are ready and able for the deposition. The more prepared you are for the deposition, the better off you will be in the long run.
Good preparation is about more than reviewing paperwork. It is about knowing what to expect and feeling comfortable enough to give clear, honest answers.
Before the deposition, your attorney should walk you through the types of questions that are likely to come up. Many clients find it helpful to do a short practice session so they can get used to speaking under oath.
It is also smart to review your medical history, treatment notes, and any work restrictions your doctor has given you. Bring copies of these documents if your lawyer asks for them. The goal is to refresh your memory so you can answer confidently and accurately.
When preparing, focus on being truthful and consistent. If you are unsure about a detail—such as a date, dosage, or medical term—it’s fine to say you do not remember. Guessing or trying to fill in blanks can cause problems later if the records say something different.
Finally, get plenty of rest and arrive early. Dress neatly, as you would for a professional meeting. Even though it is not in a courtroom, a deposition is still a formal legal proceeding, and the way you carry yourself can influence how others perceive your testimony.
Tips for During the Deposition
Most people are nervous about being questioned by a lawyer, but a few simple habits can make the experience much easier.
- Tell the truth: Even small exaggerations can backfire once the transcript is compared with your medical records or prior statements.
- Listen carefully before you answer: Take a brief pause to make sure you fully understand the question. If something is not clear, ask the attorney to repeat or rephrase it.
- Avoid speculation: If you do not know the answer, it is perfectly acceptable to say so. Do not guess, assume, or try to fill the silence.
- Keep answers short and direct: Stick to what is asked and resist the urge to explain too much. The less you volunteer, the less opportunity there is for the defense to twist your words.
- Watch your tone and body language: Staying calm and polite—even if the questioning feels frustrating—shows confidence and credibility.
- Take breaks if needed: Depositions can run long, especially in complex injury cases. It is fine to request a short break to collect your thoughts.
Protecting Your Rights in a Los Angeles Workers’ Comp Deposition
A deposition can feel intimidating, but it is really just another step in making sure your story is heard. The workers’ compensation team at LNN helps clients across Los Angeles prepare carefully so they know exactly what to expect. The more confident and composed you are, the more effective your testimony will be.
If you were injured at work and need guidance before your deposition, call our office to schedule a free consultation. We will make sure you walk in prepared and walk out knowing you handled it the right way.