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

Asked over 1 year ago - Los Angeles, CA

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

Additional information

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. Neil Pedersen

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . 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... more
  2. John D Wu

    Contributor Level 11

    3

    Lawyers agree

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    Answered . 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.... more
  3. Peter Joon-Sung Hong

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . 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. Juan Manuel Armenta

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . 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... more
  5. Richard Carl Binder

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . 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. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

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

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