Stephen Hasner | Workers' Compensation | October 24, 2025
A workers’ compensation deposition can feel intimidating. You’ll meet in a conference room with a court reporter recording your testimony while the insurance company’s attorney asks about your injury, medical treatment, and work history. Their goal is often to find inconsistencies or limit your claim.
Your workers’ compensation attorney guides you through every step, helping you stay calm and focused so your deposition feels like a structured discussion, not an interrogation. Your testimony plays a major role in the outcome of your workers’ compensation case and can directly affect your right to benefits.
Understanding what happens during a deposition helps reduce stress and uncertainty. The process follows established legal procedures that protect your rights and let both sides gather information about your injury and how it affects your life.
For guidance from experienced workers’ compensation attorneys, call Hasner Law today at 678-888-HURT (4878).
Key Takeaways About Workers’ Comp Depositions
- A deposition is a formal question-and-answer session under oath where the insurance company’s attorney asks about your injury, medical care, and work history while a court reporter records everything.
- Preparation with your attorney before the deposition helps you understand likely questions and practice giving clear, honest answers that support your claim.
- The deposition creates a permanent record that affects settlement negotiations and potential hearings, making truthful, consistent testimony vital to your case.
- Insurance attorneys use specific tactics during depositions to confuse witnesses or obtain statements that damage claims, but proper preparation helps you avoid these traps.
- Your attorney protects you during the deposition by objecting to improper questions and ensuring the insurance company follows legal rules throughout the process.
How Hasner Law Prepares You for Your Workers’ Comp Deposition
At Hasner Law, we understand that a deposition can feel stressful when you are dealing with a workplace injury. Our workers’ compensation attorneys help you prepare with clear, practical guidance that builds confidence. With more than 80 years of combined experience representing injured Georgia workers’, we know what insurance companies look for and how to present your case effectively.
Preparation begins weeks before your deposition. We review your medical records, accident reports, and work history to identify questions the insurance attorney may raise. Then, we develop clear, honest responses and hold practice sessions that simulate the deposition, helping you stay calm and comfortable throughout the process.
During the deposition, we sit beside you, objecting to improper questions and keeping the process fair. Our presence discourages aggressive tactics from insurance lawyers and allows you to focus on presenting your story clearly. With more than $1 billion recovered for clients, we know how to use effective testimony to strengthen your claim for fair compensation.
Workers’ Compensation Deposition Process Explained
A workers’ compensation deposition allows the insurance company to question you under oath about your injury, medical care, and how the injury affects your daily life. It typically takes place in a law office conference room, a less formal but still official legal setting. The insurance company uses your statements to shape its defense strategy and decide whether to settle or move forward to a hearing.
Who Attends a Workers’ Compensation Deposition
Several people take part in your deposition. The insurance company’s lawyer leads the questioning, while your workers’ compensation attorney protects your rights and makes sure the process follows proper procedure. A court reporter records everything said to create an official transcript, so accuracy matters.
An insurance representative may attend to observe your behavior and assess your credibility. Your employer’s attorney might also be present in cases involving serious injuries or large claims. Although the setting can feel intimidating, your attorney is there to support and guide you throughout.
The Oath
Before the questioning begins, the court reporter will place you under oath to tell the truth. This oath carries the same legal weight as testifying in court, and false statements may be considered perjury under Georgia law.
You should answer honestly and clearly, even if the truth seems complicated. The insurance attorney often already knows the facts and may use the deposition to evaluate how consistent and trustworthy your responses are.
Common Topics Covered in Workers’ Comp Depositions
Insurance attorneys follow predictable patterns when questioning injured workers’, focusing on areas that might reduce the value of your claim or provide grounds for denial. The Georgia Workers’ Compensation Act allows this type of discovery so both sides can examine evidence, review medical details, and assess the extent of the injury before a hearing.
Understanding these common topics helps you prepare thoughtful, accurate responses that protect your interests while maintaining credibility.
Your Work and Medical History
The deposition often begins with questions about your job background and previous medical conditions. Insurance lawyers look for old injuries or health issues they can use to argue that your current symptoms are not related to your workplace accident. They may ask about past workers’ compensation claims, car accidents, or medical treatments that took place years ago.
Your work history is examined in a similar way. Attorneys may look for frequent job changes, disciplinary actions, or performance issues that could make you seem unreliable.
They also pay attention to any gaps in employment or reasons for leaving prior positions. Providing clear, truthful answers with the help of your workers’ compensation attorney helps protect your claim and keep the focus on the facts of your injury.
Details of Your Workplace Injury
The insurance attorney systematically reviews every aspect of your workplace accident, often asking you to describe the incident multiple times using different questions. This repetition serves two purposes: checking for consistency in your account and hoping you’ll provide additional details that might benefit their defense.
Common questions during this portion of the deposition include:
- What specific tasks were you performing when the injury occurred?
- Who witnessed the accident and what did they see?
- Did you report the injury immediately or wait until later?
- What safety equipment were you using at the time?
- Had you performed this task before without incident?
These questions probe for any indication that you contributed to the accident through carelessness or violation of safety rules, as Georgia’s workers’ compensation system considers such factors when determining benefits.
Current Symptoms and Limitations
During your deposition, you will likely be asked many questions about your current physical condition and daily limitations. The insurance attorney may request detailed information about your pain levels, physical restrictions, and activities you still perform despite your injury. They often refer to social media posts, surveillance footage, or witness statements that appear to conflict with your reported symptoms.
Your answers should match your medical records and clearly explain how your injury affects your daily life. Insurance lawyers often focus on activities that seem inconsistent with claimed limitations, such as attending events, doing household chores, or participating in hobbies.
Honest testimony that recognizes both good and bad days is more believable than saying your pain never changes. Your workers’ compensation attorney can help you explain your symptoms accurately and avoid misunderstandings.
Deposition Strategies and Tactics Used by Insurance Companies
Insurance companies train their lawyers to use tactics that reduce workers’ compensation claims. Recognizing these tactics helps you stay focused and protect your credibility. Your workers’ compensation attorney prepares you for these approaches so you can respond confidently.
Leading Questions and Confusion Tactics
Insurance attorneys may use leading or compound questions to prompt answers that harm your case. They sometimes switch between topics or time periods without warning, hoping to confuse you.
If you have had more than one injury, clarify which incident they mean before answering. Take your time and make sure you understand each question fully before responding.
How Insurance Attorneys Use the Fishing Expedition Tactic in Workers’ Compensation Depositions
Some attorneys ask broad or personal questions to find anything that might weaken your claim. They may inquire about finances, relationships, or unrelated health issues. Questions about lawsuits, criminal history, or education aim to challenge your credibility. Your attorney objects to irrelevant questions and helps you understand when certain inquiries must still be answered.
Your Legal Rights During a Workers’ Compensation Deposition
Georgia law protects you during the deposition process. You have the right to request reasonable breaks for physical or emotional needs, especially during long sessions.
While you cannot discuss specific answers with your attorney while a question is pending, you may ask for clarification if a question seems confusing. Your attorney will object to improper questions and advise when you must still respond.
Reviewing and Correcting Your Testimony
After your deposition, you have the opportunity to review the written transcript for accuracy and correct any mistakes before it becomes final. Your attorney will help identify and clarify any unclear or misstated portions.
Under O.C.G.A. § 9-11-30(e), this right ensures the transcript accurately reflects your testimony before it is used in hearings or settlement discussions. Because the transcript becomes an official record, a careful review helps prevent future misunderstandings or misrepresentations of your statements.
Preparing for Your Workers’ Comp Deposition
Effective preparation transforms deposition anxiety into quiet confidence that serves you well during questioning. Your attorney invests significant time helping you understand the process and practice providing clear, truthful testimony that supports your claim.
Document Review and Timeline Creation
Preparation begins with a comprehensive review of all documents related to your case, including medical records, accident reports, witness statements, and employment files.
Creating a detailed timeline helps you remember important dates and sequences of events, preventing confusion during rapid questioning. Key documents to review before your deposition include:
- Initial injury reports and witness statements
- Medical records from all treating providers
- Work restriction notes and return-to-work communications
- Prior medical records the insurance company might reference
- Social media posts and photographs from relevant time periods
This document review refreshes your memory about specific details while identifying potential areas where the insurance attorney might focus their questions.
Practice Sessions with Your Attorney
Practice deposition sessions with your attorney give you valuable experience answering questions in a formal setting. These sessions help you develop effective habits such as pausing before responding, asking for clarification when needed, and avoiding unnecessary details. Your attorney takes on the role of the insurance lawyer, asking challenging questions similar to those you may face during the actual deposition.
These sessions also help you manage nervousness and improve how you communicate. You learn to maintain steady eye contact, speak clearly for the court reporter, and stay calm even under tough questioning. Repeated practice builds confidence and consistency, helping you present yourself clearly and professionally during your testimony.
Common Mistakes to Avoid in a Workers’ Compensation Deposition
Knowing what mistakes to avoid helps you give clear and accurate testimony that supports your workers’ compensation claim. Your workers’ compensation attorney reviews these points before your deposition, but staying mindful during questioning is equally important.
Volunteering Information Beyond the Question
Many people feel the need to explain their situation completely, but adding unnecessary details can harm your case. Giving more information than asked often introduces new topics for the insurance attorney to pursue. Short and direct answers such as “yes” or “no” when appropriate help keep the focus on the question asked.
Attorneys sometimes pause after your response to encourage you to keep talking. Silence can feel uncomfortable, but it is best not to fill it. Staying quiet after you answer prevents comments that could later be misinterpreted or used against you.
Avoid Guessing or Speculating During a Workers’ Compensation Deposition
Avoid guessing when you are unsure about details like dates, distances, or times. Guessing can create conflicts with medical records or later statements. It is better to say, “I don’t recall” or “I’m not certain.”
Insurance lawyers often press for precise answers even when only an estimate seems possible. Remember that any estimate you give may be treated as fact. Being honest about what you remember helps keep your testimony consistent and credible.
FAQs for Workers’ Compensation Attorneys
How long does a workers’ comp deposition typically last?
Most depositions take two to four hours. Complex cases involving serious injuries or multiple medical providers may take longer. Your workers’ compensation attorney ensures reasonable breaks and helps you stay focused throughout the process.
What happens if I don’t remember something during my deposition?
It’s acceptable to say “I don’t recall” when you genuinely can’t remember. Admitting uncertainty is more credible than guessing. If you recall the information later, your attorney can update the record through supplemental responses or later testimony.
Can the insurance company use my deposition testimony against me?
Yes. Your deposition can be used during settlement negotiations or hearings. Insurance attorneys compare your statements to medical records and prior testimony, so truthful, consistent answers are important.
Do I have to answer every question during my deposition?
You must answer most questions unless your attorney instructs you not to. Objections usually arise only for privileged or clearly irrelevant information. Your attorney will guide you on when you’re not required to respond.
Can my family members attend my deposition?
Only parties to the case and their attorneys may attend. Family members typically must wait outside unless they are witnesses, caregivers, or interpreters. Your attorney can request exceptions if accommodations are needed.
Take Control of Your Workers’ Compensation Case Today
A deposition may feel unfamiliar, but with preparation and skilled legal guidance, it becomes a manageable part of securing the benefits you need after a workplace injury. Honest, consistent testimony supported by preparation builds a strong record that insurance companies cannot easily challenge.
Contact a workers’ compensation attorney at Hasner Law today at 678-888-HURT (4878) to schedule your free consultation. You pay nothing unless we win your case, because your recovery and future come first.
