Depositions in North Carolina Workers' Compensation Claims

What is a NC Workers’ Comp Deposition?

A deposition is a legal process where a witness provides sworn testimony under oath, typically recorded and conducted during the discovery phase of litigation. In workers’ compensation cases, depositions are often used to gather information from the injured party (plaintiff) and other relevant witnesses.

Purpose of Workers’ Comp Depositions

The primary purpose of a workers’ comp deposition is to collect evidence and discover information relevant to the case. Attorneys use this process to question witnesses about the facts surrounding the injury and the circumstances leading up to the workers’ compensation claim. This helps both sides understand the details of the case and can influence the proceedings.

The Workers’ Comp Deposition Process

The deposition process usually begins with the defense attorney asking preliminary questions to establish the witness’s identity and background. While this part is relatively informal, it still follows a structured format. At Hardison & Cochran, we represent the injured party, known as the plaintiff, in workers’ compensation cases. Our attorneys are present during the deposition to ensure that all questions asked by the defense attorney are relevant and necessary, and to make objections when appropriate.

Key Points for Workers’ Comp Plaintiff Testimony

For a plaintiff, the key to a successful deposition is to be truthful. Generally, this involves providing “yes” or “no” answers to questions. It’s important to answer only the question asked and avoid volunteering additional information. While responses should be detailed, they should also be concise and only provide necessary information.

Structure of a Deposition

The typical setup of a deposition involves the defense lawyer asking questions first. Then, the plaintiff’s attorney has the opportunity to ask questions to clarify or “rehabilitate” any answers given. This allows the plaintiff’s attorney to put more information on the record and potentially clarify any gray areas. After this, the defense attorney may ask additional questions.

Location and Duration

Depositions usually don’t take place in a courtroom setting. It’s common for a plaintiff’s deposition to occur at their representing attorney’s office. The duration of depositions in North Carolina workers’ comp cases is typically between 2-3 hours, although this can vary depending on the complexity of the case. It’s important to note that breaks are allowed during depositions.