The deposition of the injured worker or “claimant" is very common in a litigated workers’ compensation claim. Essentially, the claimant’s deposition is the taking and recording of the testimony under oath before a qualified court reporter. The deposition is generally scheduled by agreement of the parties as to time, date, and place. The deposition of a claimant will typically take place at the claimant’s attorney’s office; however, it does not have to. Again, it can be set a mutually agreeable location.
The injured workers’ testimony will be obtained by answering questions presented “on the record" by the defense attorney. In this situation, the claimant is the deponent and it is his or her job to answer the questions to the best of his or her ability. The claimant’s attorney will be present to ensure that the questions are proper. The claimant’s attorney will also have an opportunity to ask questions.
Naturally, the deposition process tends to make claimants nervous. Therefore, we have prepared a few tips to help you through the process.
A deposition is a natural and required part of your case. There is no need to worry over it, but there is a need to be prepared.