Michigan lawyer explains the importance of a medical deposition and how it can make or break a workers’ comp case.
A deposition for workers’ comp is when a doctor gives his or her medical opinion about work-relationship and disability. It is perhaps the most important part of any workers’ comp case and should be considered part of the trial. The magistrate will use the testimony to decide if medical and wage loss benefits should be paid.
When is a medical deposition for workers’ comp scheduled?
Medical depositions for a workers’ comp case are scheduled in advance of trial and usually occur in the doctor’s office. Both sides get a chance to ask questions, and testimony is always under oath. A sealed copy of the testimony will be delivered to the magistrate as part of the trial.
Watch out for insurance company doctors who are biased.
Both sides take testimonies of their own healthcare experts. Watch out for insurance company doctors because they almost never support a work injury claim. Insurance companies use the same doctors repeatedly because they know what to expect. It is important to remain civil and resist the temptation to get into a “dog fight.” The testimony needs to be presented in the best possible light. Drawing out negative testimony to illogical conclusions can help damage a biased doctor’s credibility.
Why can a medical deposition make or break your case?
When a doctor goes on the record with his or her medical opinion at a deposition it can make or break a workers’ comp case. Doctors get locked into an opinion and there is always a risk that it goes poorly for either side. Treating doctors can be wildcards who fall apart on cross-examination. Insurance company doctors reliably testify against employees but can sometimes make important concessions that are helpful.
A last resort option when settlement negotiations are stalled.
We believe these testimonies are a last resort option and should only be done when settlement negotiations have broken down. It costs thousands of dollars to conduct this testimony because doctors charge anywhere from $500 to $2,500 per hour. A court reporter will also charge hundreds of dollars based upon the length of the testimony. These costs are passed on to the client and will be paid out of any settlement or award. Sometimes you don’t want to get locked into a healthcare opinion when you know the doctor’s testimony is going to be weak.
A critical step to winning your workers’ comp case.
A medical deposition is a critical step to winning a workers’ comp case and it is important to come up with a winning theory before going on the record. A person needs to show why a claim is compensable. Questions about the mechanism of injury will be asked to show how activities at work caused the problem. Objective tests like MRIs or EMGs will be used to support any theory. Questions about work restrictions and why an individual should be found disabled are critical. It is important to have an experienced lawyer conducting the testimony so that mistakes are not made.
Injured on the job in Michigan and need legal help? Contact our lawyers for a free consultation.
If you still have questions about a medical deposition for workers’ comp or if you want to speak with an experienced attorney about your Michigan work injury claim, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here to help.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers’ Comp Lawyers law firm has consistently secured the largest settlements in the state and is the best choice for your case. We never charge a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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