If you get injured at work in Pennsylvania, and the workers’ comp. insurance company for your employer fights your claim, you will probably have to give a deposition. It’s an important part of your case, and you will want to be well prepared. You will need an experienced workers’ comp. lawyer by your side to get you ready — we recommend a lawyer from Pearson Koutcher Law.
If your claim is denied by the insurance company, your lawyer will file a Claim Petition, which will be assigned to a Workers’ Compensation Judge. Most Judges will require you to testify by deposition at the beginning of your case— usually within 30 days of the first hearing.
At your deposition, your workers’ comp. lawyer will ask you a series of questions, focusing mostly on your job duties, how you injured yourself, what doctors you have seen, and the medical treatment that you have received. Your workers’ comp. lawyer will also question you about how your injuries have affected your ability to work and perform your day-to-day activities.
The insurance company’s lawyer will then ask you questions. Depending on the circumstances of your case, the lawyer may ask you about prior injuries you had (to suggest you have a pre-existing condition that is causing your symptoms), the details surrounding how you got injured (your version of the incident may be challenged) and what you do on a daily basis. For example, if you take care of young children, the lawyer may try to suggest to the Judge that if you can lift your two-year-old child who weighs 30 pounds, you’re able to do your job.
A stenographer will take down every word that is stated during your deposition and then prepare a transcript which contains all of the questions and answers. Your workers’ comp. lawyer will then submit to the Judge the electronic version of the transcript.
We wish that the Judge would immediately read the transcript and order the insurance company to start paying you workers’ comp. benefits. Unfortunately, though, it’s not that simple. The Judge will almost always hold off on deciding your case until all the evidence has been submitted. The next step in the process is that the insurance company schedules an evaluation of you with a doctor of its choice, which you are required to attend. This usually takes place within 30 and 60 days of your deposition. If the doctor agrees that you are disabled from doing your job because of the injuries you sustained on the job, the insurance company will have to pick up your claim and start paying you benefits. However, because these doctors are biased in favor of the insurance companies, it is very unlikely that the doctor will render opinions that are favorable to you. It is much more likely that the doctor will state that you sustained a minor injury from which you have fully recovered. If that happens, your case will continue before the Judge – and more depositions will take place.
To win your case, your lawyer will need to take the deposition of one of the doctors who is treating you for your injuries. The doctor will describe in medical terms the injuries that you have sustained – whether it’s a herniated disc in your back, rotator tuff tear of your shoulder, a torn meniscus in your knee, to name a few – and why these injuries have rendered you unable to perform your job. Your doctor will further summarize what medical treatment you have received and the treatment you need going forward.
Of course, the lawyer for the insurance company will also take depositions. The lawyer will depose the doctor who conducted the one-time evaluation of you and possibly witnesses for your employer, who may testify about any number of issues: you violated some company policy at the time you injured yourself, you have a history of disciplinary problems during your employment with the employer, or you turned down a light-duty job which the employer made available to you. The transcripts of all these additional depositions will be electronically submitted to the Judge.
The Judge will want to observe you and listen to your testimony so, usually at the final hearing, you will testify, either in person in the Judge ‘s courtroom, or remotely at a virtual hearing. Because you will have already testified by deposition, your lawyer will not have you tell the entire story, just the key points – what your job was, how you injured yourself – and then your lawyer will have you give the Judge an update on how you have been doing since you gave your deposition. What additional treatment have you received? Are you able to return to work, or are you still disabled because of your injuries? The Judge will then ask each lawyer to submit a legal brief, arguing why their client should win the case. The Judge will review all the evidence and the briefs and write a decision, deciding your case. Fingers crossed, you will win.
Workers’ comp. cases are complicated, and depositions are an important part of the process. If you are unlucky enough to get injured on the job, the workers’ comp. insurance company for your employer will hire a top lawyer to defend your claim. It’s important that you fight fire with fire by hiring a top lawyer to represent you in your case. At Pearson Koutcher Law, workers’ comp. is all we do – each and every one of our lawyers has been representing injured workers for more than 25 years and has done hundreds, if not thousands, of depositions. We will fight hard to make sure you obtain the benefits that you deserve. Please call us today for a free, comprehensive consultation.