After a Bluffton workers comp lawyer at our firm helps you file your claim, it is time to prepare for a difficult moment. It is the workers comp deposition before a doctor hired by the insurance company. This is a recorded interview, which means that every word you say can be used as evidence in any court of law.
It is essential to prepare for this deposition and know what you may expect. Although some questions will be specific to your case, the workers comp doctor will usually ask you the following questions:
1. Background Information
The background details will serve to confirm your identity and your position with your employer. You will also be asked about your education and prior work experience. Also, you may have to answer whether you filed a workers comp claim before and give details about the case (type of injury, whether you made a full recovery, who treated you).
2. Prior Injuries
This is a very tricky question, because you cannot lie during a deposition. At the same time, any old injury or pre-existing condition will be used by the insurer to justify your current symptoms and deny that you were injured at the workplace.
Nevertheless, do not lie and claim that you have no pre-existing condition. The insurer can and will obtain your medical record and your lie is likely to cost you the workers comp benefits. Instead, give a neutral description of the condition or injury you suffered from.
3. How the Workplace Accident Happened
At this point, the person taking your deposition in the workers comp case will be very specific. You will have to answer:
- The date and hour when the accident happened
- The exact place where you were injured
- What kind of activity you were performing when the accident happened
- A detailed description of the accident
- Who was around you and saw the accident
- What you did immediately after the accident
It is always advisable to consult with your Bluffton workers comp lawyer and go through all the facts and documents related to your claim to refresh your memory. Any discrepancies and contradictions between your initial injury report and the deposition will be used as evidence that you are lying about your accident.
4. Diagnosis and Treatment
Next, the insurer’s representative will ask you to explain what you did after the accident:
- How soon you went to a hospital
- What the doctors said after the diagnostic test
- What kind of treatment they prescribed
- Whether you followed the doctor’s recommendation
- Whether you performed any activities that are likely to make your injury worse
Again, it is important to be honest, even if you have to admit to carrying grocery bags home despite a painful back injury. It is likely that the insurance company hired a private investigator to follow you and take photos and videos of any activities that may appear incompatible with the injuries in your medical file.
5. Physical Limitations Caused by the Accident
Last but not least, you will have to detail how your injury prevents you from working. Do not exaggerate or downplay your symptoms. Explain how pain prevents you from making certain movements, carrying weights or standing up for a long period of time, for example.
It is important to know that the only person on your side during this process is your attorney. Do not try to win the workers comp doctor’s sympathy, as it may backfire.
Plan Your Workers Comp Deposition with an Experienced Bluffton Lawyer!
Giving a workers comp deposition is an intimidating event – but one which cannot be avoided if you want to obtain the benefits you need. But do not worry. Your experienced Bluffton workers comp lawyer at McDougall Law Firm will explain what you can expect, how to give truthful answers without compromising your case and what to say if you are not sure about the right answer.
The best decision is to schedule a free case review with us as soon as possible after your workplace accident, so we can start preparing your claim. Call us at 843-920-5705!
