Florida employers carry workers’ compensation insurance, which provides no-fault benefits to employees injured on the job. If you’ve suffered a work-related injury and filed a workers’ compensation claim, you might have to undergo a deposition.
The deposition is your oral testimony about your accident, injuries, medical care, and pain and suffering. Even though you’re not in court, you will be under oath. Your lawyer and the insurance company’s lawyer will ask you questions, and your answers will be recorded by a court reporter.
Common Mistakes in Worker’s Compensation Depositions
The job of the insurance companies’ lawyer is to save the company money, so the questions you are asked might be designed to minimize your injuries and dispute your claim. For this reason, it’s very important to prepare your deposition responses with your attorney and avoid making mistakes that could hurt your case. This includes:
Being dishonest about anything.
You are required to tell the truth, and lawyers are trained to know if you don’t. Any dishonesty could work against your claim, so you should be honest about everything, including details of the accident and any pre-existing conditions you might have. Do not exaggerate your injuries or your employer’s fault in your accident.
Giving information you are not sure of.
It is acceptable to say that you don’t know or don’t recall something if you don’t. Guessing or making up something can hurt your case, so you should give minimal, honest answers.
Getting angry or acting unprofessionally.
Even if a question upsets or offends you, you must remain calm and answer politely. Raising your voice or being sarcastic can hurt your credibility. The opposing attorney wants to see how credible you will be if your case goes to court. If you are a calm and credible witness, the insurance company is likely to settle your claim. If you’re not, the company might take its chances in court, where an unprofessional demeanor will work against you.
Undergoing the deposition without an attorney.
Preparing for the deposition and handling yourself properly is crucial to your claim. You don’t want to face the insurance company’s skilled and experienced lawyer(s) without one of your own.
Have You Been Injured At Your Florida Job?
If you've been hurt on the job in Florida you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.