The first part of your deposition will consist of the swearing in of the deponent ( you ) whereby the court reporter will administer the oath or affirmation that you will tell the truth. At that point the defense attorney will ask you to introduce yourself on the record and spell your name. He will try to convince you he is not there to trick or trap you but only wants the truth regarding the facts as you know them to be.
The first questions generally will concern who you are
Questions regarding where you grew up, went to school, did you graduate high school, where was this school and when did you graduate.
Did you go to college... degree... in what... just classes.. how many units... what was your major.
Any trade schools or other education
Where do you live presently, how long, own or rent, whom do you live with, their names and ages, are you married? how long, her name, children of the marriage, any other marriages?
Where did you live before this residence? how long ?
Where did you live before that? etc.
Where were you working on the date of your injury? When were you hired there? Was this your only workers compensation injury with this employer?
Where did you work before that? How long? Why did you leave? Did you ever get hurt on the job? Did you ever file a workers compensation claim ? This series of questions will be asked over and over till you can not remember any further employment history.
Describe how the injury occurred
You will need to give a detailed discription of how the injury occurred, what body parts you injured, who witnessed the injury, who you reported the injury to and when? Were you given a claim form or incident report form to fill out right away? Were you offered medical treatment? Did you go to a medical facility, where, how long were you there, what did they do, where you taken off work, how long etc.
Describe the current medical treatment you are receiving
What doctor is presently treating you for your work injury, when did you first see him, who referred you to this doctor, what is he doing for you treatment wise, is it helping. What treatment has he proposed, what diagnostic testing has been performed, did he go over the results of these tests with you.
What is your current work status.
List each body part you feel was injured in this accident
My suggestion... start from the head and work your way down ...this way you will never miss a body part.
you will be asked to rate the pain in that part on the imaginary scale of 1 to 10 with 10 being the worst pain known to mankind. You will be asked to describe the pain in words...shooting, stabbing, burning, throbbing etc... they will ask you this for every body part you name, Dont forget the non body parts, sleep disturbance psyche, anxiety depression, weight gain due to inactivity etc.
Apportionment questions.. I call it the Wounded Duck..
The defense attorney will be very interested in showing that sometime in the past perhaps before you went to work for this employer you suffered an injury on another job, injuring the same or similar body parts, or that you had a motor vehicle accident and got injured, or the victim of a violent crime, or served in the military and was injured.. or convicted of a felony and spent time in prison and was perhaps injured.
So there will be so many questions by the defense to try to whittle down the value of the case by showing you were a wounded duck before you ever went to work for this employer. Many of these questions may seem somewhat irrelevant but now you know why they are not.
Acitivites of daily living...Impact of injuries
How has this accident and the injuries you suffered affected you in your activities of daily living.. this could be anything from personal hygine to cleaning up at home, laundry, making the beds, gardening, shopping, driving a car, riding in a car, standing too long or sitting too long, has this injury affected your ability to have normal sexual relations, have you suffered urinary or bowel incontinence?
Misc questions your Attorney may raised in the Application for adjudication
Your attorney may have raised issues of discrimiantion due to the filing of the claim or getting injured on the job known as Labor code 132a.., perhaps questions regarding Serious and Willful misconduct by your employer or perhaps an accusation against you. Wage questions regarding payment of proper benefit amounts and earnings, part time jobs, etc.