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Workers Compensation Deposition: 3 Reasons You Want Your Attorney Present

31 March 2015

Joy Johnson

Applying for workers compensation benefits can be a difficult process, but if you're required to participate in a deposition, the situation can become even more stressful. Depending on your familiarity with the law, you might think a deposition is a tell-all admission of every law you've ever broken. The fact of the matter is depositions in a workers compensation application are simply in place to assess the validity and legitimacy of your claim.

Nonetheless, there is no telling whether or not your interviewer will conduct himself with etiquette or engage in ruthless, unscrupulous, or even illegal tactics. The following article outlines several reasons you want to have your attorney present during workers compensation depositions.

To Protect Your Privacy

The purpose of a deposition is to ensure both the defendant's and the plaintiff's legal team have access to the same information pertaining to the case. However, this does not grant the interviewer the right to ask overly personal questions, even when loosely framed in the context of workers compensation.

Unless you have a law degree or some other type of formal education in the law, it can be difficult to recognize when an interviewer is operating within the bounds of the law, and when he has crossed the line. Having your attorney present can ensure your right to privacy is upheld and you don't unwittingly divulge information that has no bearing with regards to your workers compensation case.

To Prevent Inappropriate Testimony

You are not legally obligated, nor even expected, to testify in areas in which you have no expertise. However, it is not uncommon for conniving interviewers to attempt to have you testify regarding the nature or cause of your injury, only to disprove your statements at a later date.

Interviewers often engage in this sort of activity to try to illustrate the 'erroneous' nature of your claim, when in reality you have no way of truly understanding the root of your injury without a degree in medicine. Making sure your attorney is present will prevent you from guessing or assuming, which can ultimately be used against you in court.

To End Ceaseless Repetitive Inquiries

One other strategy employed by interviewers is to repeatedly ask the same question with slightly different phrasing. The overall goal of this is to try to minimize your injury, level of pain, degree of mobility, or what have you. It also serves to confound the applicant and make them feel uncomfortable regarding their previous responses.

However, workers compensation attorneys know once a question has been answered, an attorney has no right to ask the same question again, even when rephrased or slightly modified. Having yours present will ensure this doesn't happen and the deposition proceeds smoothly.

There are myriad reasons to have your attorney present during a deposition, but the protection of your privacy and your testimony, and ensuring the interviewer conducts the deposition appropriately, are some of the most important.

Check out sites like http://www.lshlaw.com for more info.

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