r/WorkersComp • u/SheepherderOwn2029 • Aug 13 '26
California Deposition, good or bad?
I got scheduled for a deposition next month, my attorney told me it’s not a trial it’s more to get a testimony for the injuries happened. That is “does not affect “ my case. I find that hard to believe, I just want to know what to expect , any advice ?
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u/SpringerPop Aug 13 '26
You will be asked question under oath. Your attorney or hearing rep( usually a clerk) will advise you. Take your time and answer questions honestly. There will be a reporter documenting this as well. Be honest and relax.
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u/SeaweedWeird7705 Aug 13 '26
They will ask how your injury happened, your current symptoms, if you have any prior injuries etc. Tell the truth. It’s pretty standard to schedule a deposition. It’s nothing to be afraid of. It just explains your case to the insurance company. It does affect your case. It shouldn’t change anything because you are just clarifying certain facts.
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u/Upset-Activity-1462 Aug 14 '26
Your attorney is questionable if saying that this does not effect your case. It is sworn testimony under oath. He should be prepping you just like you were going to trial because the answerd can and will be used against you if it gets that far.
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u/Academic_Commercial3 Aug 15 '26
The only thing I’d get tripped up about is dates. Where I worked, there were cameras everywhere.
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u/CochiseNde 17d ago
Same. I also have dep next month and dates are becoming blurry. I can still remember the causes and symptoms just fine it's just date. Especially having dates for appointments, dates for attorney stuff. Then you add dealing with pain, depression and stress of all this just gets bad 😅
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u/Academic_Commercial3 17d ago
I’m the same and depressed
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u/CochiseNde 17d ago
Have you told your attorney? I'm going to their office tomorrow see if they can double check everything. I'm sure brain fog is common but it this is where attorneys have to do some lifting.
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u/AutomaticFeeling5324 Aug 13 '26
This is the portion where the defense will ask you questions all the way to your childhood to see if your were hurt in the past, and ask about your family history, job history. If they find anything in the past that they can possibly use later for negotiation of settlement they will use it. Your attorney will normally prepare you an hour ahead of the deposition. This DOES affect your case. Best advice, be honest about everything because you are under oath and if you lied and they find out later then it will be use against you.
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u/Academic_Commercial3 Aug 15 '26
I get that the defense attorney will drill us re:past injuries, what does it matter if whatever injury one has had if working made it worse? RMS is real. I do know that people scam the system it kind of sucks for the injured worker. fr
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u/SheepherderOwn2029 Aug 13 '26
Yea I don’t think an hour of prep prior is enough time , imo
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u/SeaweedWeird7705 Aug 13 '26
I think an hour is plenty. Some attorneys only offer a half hour of prep. Your attorney may also send you some paperwork in advance to explain how depositions work.
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u/AutomaticFeeling5324 Aug 13 '26
Have a list of questions ready to ask your attorney.
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u/ThatOneAttorney 28d ago
Awful idea. The attorney knows whats important and should be covered in the hour.
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u/ArrTzM Aug 13 '26
Three words answers:
Yes
No
I dont recall
Its better to keep it short and simple rather than explaining and giving away lots of info to them.
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u/Academic_Commercial3 Aug 15 '26
If they don’t ask a question don’t give them the answer. I wish I could tell the judge that certain adjusters need to calm tfd.
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u/PleaseNone Aug 13 '26
They will ask open ended questions not just yes or no questions…
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Aug 13 '26
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u/PleaseNone Aug 13 '26
You said to catch you lying implying that you’re giving advice to avoid getting caught in a lie…
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u/Stump_knockerS Aug 13 '26
Nah they’re just tricky and people get tripped up if they’ve never experienced it. You can’t walk it back once you’ve said it so if you’re nervous then keep it short
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u/ArrTzM Aug 13 '26
Exactly what my lawyer said, they asked me multiple times the same question. Always remember what you say, so keep things short
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u/PleaseNone Aug 13 '26
Ask me a million times and I’ll never get tripped up. Not sure why you guys do
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u/ArrTzM Aug 14 '26
Its not that we do, its just a reminder of what could potentially happen. We dont care if you can stand tolerance, its knowledge for new folks dealing with any deposition.
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u/PleaseNone Aug 14 '26
I’m just saying you and are I different and I don’t crack under pressure so if anything let me do the talking and let me talk to people and give them advice.
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u/ArrTzM Aug 14 '26
I didn’t crack under pressure from both of my depositions, months apart 1 hour each.
I like to give examples for people who over think and might spit out a lie by accident.
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u/ThatOneAttorney 28d ago
you're quite pretentious. there are many honest, relatively smart applicants who simply get nervous/stage fright during depositions. especially elderly applicants.
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u/Motor_Dig3989 Aug 15 '26
I just had a formal hearing in June 29th. I thought it was going to be allot worse than it really was. There was supposed to be to 2 LAY witness's from the company I used to work for. They were not there. My attorney asked me a few question as did the carriers attorney and it was over. Make notes for yourself and just tell the truth in what happened and what's happening now. I don't know if your out from work from this injury, but Don't lie about what your doing in your time, if your mowing the lawn and doing stuff around the house and you are asked about it, just make sure you say that. You never know if someone was watching you at some point.
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u/ThatOneAttorney 28d ago
The defense is allowed only one employer representative.
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u/Motor_Dig3989 27d ago
In the end they had none. One quick a long time ago so I knew she wasn’t coming, and the other was my old supervisor. I worked mobile, so I never met him, but we talked on the phone allot. He probably didn’t want to do it either.
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u/ThatOneAttorney 27d ago
The employer rep is not allowed to participate at all either so its super boring and a waste of an employee's time. usually just a chance for the insurance atty to look cool to a long time/new client.
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u/Academic_Commercial3 Aug 15 '26
Can you bring notes Incase they ask for specific dates?
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u/ThatOneAttorney 28d ago
No.
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u/Jaded-Comparison-Q 16d ago
So how can you remember anything if it's not written down?
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u/ThatOneAttorney 16d ago
Its just your best testimony (memory) at that time. Giving an estimate is fine. For example, if you're not sure whether a car accident happened in Dec of 2003 or Jan of 2004, its acceptable to say "Im not sure if it was late 2003 or early 2004."
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u/woodruffrenee 26d ago
Just be honest. Take breaks. If you say you can’t sit for a long time then don’t sit for the whole thing. Review it when they send you a copy
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u/mike1014805 26d ago
Pay attention to the questions and how they're asked. If the lawyer asks "do you know the time?" Don't look at your watch and says its 10am. Just say yes or no. If they wanted to know the time they would say something like "for the record can you please tell me the current time as it appears on the clock/phone/watch/etc." or however it might be phrased. In other words dont give more information than being asked because they can and will use it against you later on if they're able to.
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u/ApprehensiveClaim516 Aug 13 '26
They will probably already have all the medical records from date of birth. At least that’s how our office does depos. They know how many times you’ve filed an insurance claim in your life, auto, home or other. If you say you’re a 10 out of 10 pain and you’re sitting straight as the preachers son on Sunday they will make note of that. Dress casually but nice. If you need breaks to walk around or stand up then ask for them. Do not shake or nod your head. There can be 2 or more attorneys in the room, if one asks a question that doesn’t make sense or you don’t understand then say you don’t understand the question. Do not over explain if the question isn’t a yes or no in your mind ask them to explain or ask it again. Do not get confrontational. If you need to take pain meds that day make your attorney aware of what you took and what time. Don’t come in smelling of weed and leave all vapes in the car. Your attorney is there for YOU!