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Common Workers’ Compensation Deposition Mistakes To Avoid (For 2024)


In a workers’ compensation case, a deposition is an out-of-court testimony given under oath by an injured employee or another party involved in the case, such as a doctor or a co-worker. Workers’ compensation depositions are part of the discovery process, where each side gathers evidence and information from the other side before a hearing or trial. The information collected during a deposition helps both parties understand the strengths and weaknesses of their case.

Giving a deposition can be vital to your workers’ compensation case, and avoiding mistakes can significantly impact your case’s outcome. The following are some common workers’ compensation deposition mistakes to avoid in 2024.

Mistake #1: Not Hiring an Attorney

Immediately you receive notice of a deposition, you should contact a workers’ compensation attorney. An attorney can help you prepare for your deposition. They can ensure you understand what you should and should not do during your deposition. An attorney can review common workers’ compensation deposition questions with you before the deposition so you are prepared. A skilled workers’ compensation attorney can help protect your interests and legal rights. They can ensure you are treated fairly and the defense attorney follows the law during the deposition.

Mistake #2: Failing to Prepare Adequately

Another big mistake you can make is to show up to your workers’ compensation deposition unprepared. Before your deposition, review your medical records, incident reports, and all other documents and evidence related to your case. Ensure you understand all the details of your case beforehand.

Mistake #3: Exaggerating Your Injuries

You need to be honest about the extent of your injuries. However, you should avoid exaggerating. Exaggerating injuries or symptoms can be detrimental to your case. It could damage your credibility and make it challenging to recover benefits. Only provide accurate information about the extent of your injuries and how your injuries have affected you.

Mistake #4: Making Inconsistent Statements

During your workers’ compensation deposition, you want to avoid saying things that are inconsistent with your previous statements. Making inconsistent statements during your workers’ compensation deposition can undermine your credibility. The workers’ compensation insurance company may question your honesty. Making inconsistent statements can weaken your case. Consistency is vital in presenting a compelling argument in support of your case.

Mistake #5: Not Communicating With Your Attorney

It is crucial that you communicate with your workers’ compensation attorney before your deposition. If you do not communicate with your lawyer before your deposition, you may be unprepared, resulting in uncertainty and possible mistakes during the questioning. Speaking with an attorney before a deposition can also help address concerns.

Mistake #6: Ignoring Your Attorney‘s Advice

Your workers’ compensation lawyer is there to provide you with legal guidance. Your attorney is a professional and knows what they are doing. You need to follow your attorney’s advice. Ignoring your attorney’s advice can be detrimental to your case.

Mistake #7: Being Overconfident

Confidence is important during a workers’ compensation deposition. However, you should not be overconfident. For instance, overconfidence can result in you giving answers without understanding the question. Overconfidence may also be perceived as arrogance.

Contact a Vermont Workers’ Compensation Attorney

To get help with your workers’ compensation case, contact our skilled Vermont workers’ compensation attorney at Sluka Law PLC.

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