Your Rights and Responsibilities During a Vermont Workers’ Compensation Deposition

If you have filed a workers’ compensation claim in Vermont, you might eventually need to attend a deposition. Attending a deposition can sound intimidating, especially if you have never been involved in a legal case before. However, understanding what a deposition is and what to expect, together with your rights and responsibilities, can help you feel more at ease and ready for this crucial phase of your case.

What Is a Workers’ Compensation Deposition?

A workers’ compensation deposition is a formal Q&A session that takes place outside of court. During your deposition, an attorney from the insurance company will ask you questions under oath. They will ask you about your injury, how it happened, your job duties, your medical treatment, and how your injury has affected your life. A court reporter will be present to transcribe everything that is said. The transcript will become a part of the official record for your case.

What Is the Purpose of a Deposition?

The purpose of a deposition is for the workers’ compensation insurance company to gather sworn testimony from you to assess the strength of your case, evaluate the injury details, verify facts, and assess your credibility. The insurance company will use your responses to determine whether to approve benefits or challenge your claim.

While a deposition is not as formal as testifying in court, it holds the same weight as if you were testifying in court since it is conducted under oath. So it is crucial to be honest, clear, and well-prepared.

Your Rights During a Vermont Workers’ Compensation Deposition

You have several rights during the deposition process to ensure fairness. Below are some of those rights;

• The Right to Legal Representation: Your lawyer can help clarify confusing questions, object to any inappropriate ones, and ensure the insurance company’s attorney does not overstep legal boundaries.
• The Right To Review Your Testimony: After the deposition, you have the right to review the written transcript and correct any errors the court reporter may have made.
• The Right To Object: If the opposing attorney asks confusing, misleading, or irrelevant questions, your attorney can object. While you may still need to answer the question, the reporter will note the objection in the transcript, and the objection will be resolved by a judge at a later time.
• The Right To Seek Clarification: If you don’t understand a question, you have the right to ask the opposing attorney to repeat or rephrase it.
• The Right To Take Breaks: Depositions can be exhausting. You are allowed to request a break if you are feeling overwhelmed or need to consult with your lawyer.

Your Responsibilities During a Vermont Workers’ Compensation Deposition

While you have several rights, you also have important responsibilities during the deposition phase. These include;

• Answering all questions truthfully. If you don’t remember something, don’t lie. Instead, say, “I don’t remember.”
• Listening carefully to the question before you answer.
• Answering only what you are asked and sticking to the facts. Don’t offer extra information or speculate.

Fulfilling all your obligations is vital for protecting your claim. For example, if you lie about or exaggerate your injuries, it can damage your credibility and jeopardize your chances of getting approval.

Contact Us for Legal Help

Our Vermont workers’ compensation attorney at Sluka Law PLC can guide you through the deposition process and help you secure the benefits you deserve. Contact us today to schedule a consultation.