Archive for October, 2022

When you’ve been injured on the job in Pennsylvania and filed for the workers’ compensation benefits you are owed, it is possible that the insurer will request that you submit to a deposition. A deposition is testimony that is given under oath and can be used as evidence in your workers’ comp case. Counsel for the insurer will ask you questions related to your claim, and your ability to recover the compensation you are seeking can depend greatly on your answers. Because of this, the importance of being prepared cannot be overstressed. Following are some tips from our Lancaster hurt at work lawyers on being prepared for a workers’ compensation deposition. 

Know Your Timeline

The attorney for the insurer will ask you questions about events leading up to the accident, the accident itself, and events that have occurred since the accident. It is important that you know the facts of what happened and when they happened. Before the deposition, look at all the documents and evidence available to you and write down important dates and events, then commit these facts to memory. The counsel for the insurer may attempt to trip you up so that you will appear confused or that you are being intentionally false. Having a clear timeline committed to memory will help you stay focused and able to clearly and correctly answer the questions you are asked during the deposition. 

Stick to the Facts and Do Not Speculate

Being injured and having to go through a deposition to receive the funds you are owed is extremely frustrating, and it is natural to want to be sure your story is heard in full. However, during a deposition is not the time to elaborate or speculate on what happened to you. When you are asked a question, answer it in a straightforward and clear manner. Do not embellish, speculate, or offer more than what has been asked. Keep your answers simple. When asked a “yes” or “no” question, answer verbally either “yes” or “no.” No further explanation is needed or wanted. 

You may feel that you are unable to fully express your side of the story when you are forced to give such a direct answer. Keep in mind before the deposition is over, your lawyer will be able to ask you questions. This will be your opportunity to set straight any matter you, or your lawyer, feel has not been properly addressed.  

Know the People & Process

Much of the nervousness brought on by a deposition can be mitigated by being familiar with the deposition process and the people that will be present. While all depositions may vary to a certain degree, in most cases your attorney will ask you questions first. Then, the attorney for the insurer will ask you questions. After that, one of your Lancaster hurt at work lawyers may ask you more questions. In truth, the attorneys may go back and forth several times. 

The people at the deposition are generally:

• Injured worker (you)
• Attorney for the injured worker (your lawyer)
• Attorney for the insurer
• Court reporter

Dress Appropriately & Remain Calm

A deposition does not typically occur in a courtroom, but it is a legal proceeding and the testimony taken there is admissible in a court of law. Therefore, it is best to approach the deposition with a serious and respectful attitude. Your attire should be business casual, and your demeanor should be calm and courteous. 

Your credibility will have a substantial impact on how your case proceeds. If you appear to be truthful and reasonable, the odds are in your favor. Also, there may be times during the deposition when you feel you are close to losing your composure. When this occurs, you are allowed to ask for a break so that you have a minute or two to calm your nerves before continuing with the deposition.

Have One of Our Lancaster Hurt at Work Lawyers Represent You

Being deposed means being asked questions by the attorney for the insurance company. You can rest assured that their attorney will know the law and will be attempting to settle your claim for as little as possible. The last thing you want to do is go through this process without one of your own Lancaster hurt at work lawyers representing your interests and helping you obtain the benefits you deserve. Your lawyer will help you by:

• Asking you questions before the deposition so you will be prepared when they are asked at the deposition. 
• Objecting when an inappropriate or illegal question is asked by opposing counsel. As a layperson, you will likely not know when a question should be objected to. 
• Helping all parties stay focused and professional. Tensions can escalate during a deposition, and your attorney can help ensure attention stays on the issues that matter and everyone keeps on track. 
• Asking you questions to be certain a complete and accurate picture of what happened to you is presented. There may be issues that are unclear after opposing counsel questions you, and your attorney can remedy that with their line of questioning. 
• Making certain you understand the deposition process and what is happening every step of the way. It is likely you will have questions, and your attorney will be able to answer those for you. 
• Deterring inappropriate conduct. Sometimes, just the actual presence of your lawyer is enough to deter opposing counsel from asking certain questions or using intimidation tactics against you. 

Speak with One Of Our Lancaster Hurt at Work Lawyers

Receiving the compensation you deserve after being hurt on the job shouldn’t be difficult. Unfortunately, it often is. The good news is that you don’t have to do battle alone. One of our Lancaster hurt at work lawyers at Vanasse Law, LLC, can guide you every step of the way to help you recover the compensation you deserve. Contact our firm today to learn more.