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If my workers comp case doesn't go to trial why do I have to give a deposition next week?

Los Angeles, CA |

My case was denied and I thought only cases that went to trial had to do a deposition.

It was my belief that only cases that had to be taken to trial had to have a deposition. My case has gone on 2 years and IC doesn't want to pay.

Attorney Answers 6

  1. This is the kind of question that needs to be answered by your workers compensation attorney who would know all of the background and issues in your case. If you do not have one, get one immediately. You should not be in this process alone. If you have one, as him or her about this because only the attorney can give you an informed response.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

  2. Even if your case is not scheduled or set for trial, the defense will likely want to depose you so that they know all the facts concerning your employment, injury, and possible claims. It is important to note that even if your case is denied by the insurance company, this is the defense's position. Often, there is disagreement as to whether the denial was appropriate.

    Thus, you should likely (1) attend your deposition if it was noticed properly; (2) make sure you have a workers compensation attorney representing you at the deposition; and (3) make sure that you have adequately prepared for the deposition with your WC attorney.

    If you do not have a workers compensation attorney, you should find one immediately. Most applicant-side WC attorneys will offer a free consultation, and will likely get reimbursed for fees regarding the deposition (meaning you aren't paying out of pocket for representation at the depo). Good luck.

    Any post of discussion above is general in nature and is not intended to should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]

  3. I agree that this is a question for your attorney. Your case may end up at trial. Since it`s denied, you may need to go to court to fight for your benefits.

  4. A deposition is routine, both in accepted case and denied cases. Don't read too much into this development.

    This site is informational only and creates no attorney client relationship or a reasonable expecation of accuracy as any comments here are based on less than all of the facts. No comments here form any client relationship or create a reasonable expectation that you can rely on the comments. Only a formal retainer agreement can form an attorney client relatiopnship.

  5. See my legal guide to preparing for a deposition, posted here on AVVO. Depositions are FACT gathering tools for the other side of a case. They have a right to gather info for your claim and about you.

  6. Sounds like they want more info, call your lawyer to discuss

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