The first part of your deposition will consist of the swearing in of the deponent (you) where 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.
Describe who you are
Most of these questions will deal with where you grew up, went to school, etc.. For example:
Did you graduate high school?
Where was this school and when did you graduate?
Did you go to college?
Do you have a degree? In what?
What classes did you take? How many units?
What was your major?
Any trade schools or other education?
Describe your residence history
Questions about your residence will focus on where you live presently, how long you've lived there, whether you own or rent, who you live with, their names and ages, marital status, etc.. For example:
Are you married? For how long?
What's your spouse's name?
Are there any children of the marriage?
Have you had any other marriages?
Where did you live before your current residence? For long?
Where did you live before that?
Describe your employment history
Common questions about employment history include:
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?
These questions will be asked over and over until you cannot remember any further employment history.
Describe how the injury occurred
You will need to give a detailed description of how the injury occurred, what body parts you injured, who witnessed the injury, who you reported the injury to and when. You will be asked questions such as:
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 was it, how long were you there, and what did they do?
Were you taken off work? For how long?
Describe the current medical treatment you are receiving
The next questions will cover the nature of your medical care. Common questions include:
What doctor is presently treating you for your work injury?
When did you first see them?
Who referred you to this doctor?
What treatment have they proposed? What are they doing for you treatment wise? Is it helping?
What diagnostic testing has been performed? Did they 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.
Don't forget injuries that aren't tied to a body part, like sleep disturbance, psyche, anxiety, depression, weight gain due to inactivity, etc..
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. Perhaps 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 were injured, or were convicted of a felony, spent time in prison and suffered an injury.
There will be 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.
Describe the impact of your injuries on daily living activities
You'll be asked to explain how the accident and the injuries you suffered has affected you in your daily life.
This could be anything from personal hygiene 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, etc. It can even include whether this injury has affected your ability to have normal sexual relations.
Questions your attorney may raise in the application for adjudication
Your attorney may raise issues of discrimination due to the filing of the claim, or getting injured on the job. They may also ask questions regarding serious, willful misconduct by your employer, or perhaps about an accusation the employer made against you. Other common subjects include questions regarding payment of proper benefit amounts and earnings, part time jobs, etc.
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