Michigan lawyer explains the purpose of a medical deposition and why it is so important for a workers’ comp settlement offer.
Employees who are hurt on-the-job are entitled to workers’ comp benefits. This includes money for medical, vocational rehabilitation, and lost wages. Unfortunately, insurance companies look for reasons to dispute payment. It is up to the employee to challenge any dispute with a court hearing. This requires submitting medical evidence including deposition testimony from a treating doctor. A frequently asked question we get from our clients is, how long after a medical deposition is a workers’ comp settlement offered in Michigan? Our experience shows it happens fairly quickly when medical proofs are completed.
A deposition is where a doctor testifies under oath about an employee’s medical condition. He or she will give an opinion about work-relationship and disability. It is perhaps the most important part of any workers’ comp case. The magistrate will use a deposition to rule if medical, vocational rehabilitation, or wage loss benefits should be paid. The determining factor on how long after deposition is a workers’ comp settlement offered in Michigan often depends on if the deposition goes well or poorly for the insurance company. Settlements are based upon exposure and a deposition can make or break a work injury claim.
How long after medical deposition is a workers’ comp settlement offered in Michigan?
In Michigan, our experience shows that a workers’ comp settlement offer can come fairly quickly after a medical deposition once medical proofs are done. Insurance companies make settlement offers based upon potential exposure. This settlement amount is what they believe must be paid out in benefits. A deposition can make or break a case depending upon what the doctor says.
Depositions 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 under oath. A sealed copy of the deposition will be delivered to the magistrate as part of the trial.
Medical depositions can be unpredictable
Depositions can be unpredictable because some doctors fall apart on cross examination. This happens when they will not say a workplace accident caused an employee’s current problems. They might also not support disability. Insurance company doctors reliably testify against employees but sometimes make important concessions that can improve a case dramatically.
Medical proofs are fixed when a deposition has been completed. This can lock both sides into a position. If the medical supports causation and disability then a Michigan workers’ comp settlement can be offered swiftly after a medical deposition. Insurance companies are motivated to settle these cases because they don’t want to get stuck with an open award.
Medical depositions should be a last resort
We think depositions are a last resort and should only be done when settlement negotiations have failed to bring the parties together. It costs thousands of dollars to conduct a deposition including witness fees and court reporter costs. These expenses are passed on to the employee at the time of settlement so money should be spent wisely. It also locks each side into a specific set of facts and there is little room to argue one way or the other.
A Michigan workers’ comp settlement can be offered days or weeks after the medical deposition if the medical proofs are sufficient to make a prima facie case at trial. It is important to hire an experienced workers’ comp lawyer before scheduling any deposition. Questions about the mechanism of injury and work restrictions must be carefully stated. There is no attorney fee unless a person recovers a settlement or award. Don’t leave money on the table because you did not follow the correct protocol or get the appropriate testimony.
Need help? Contact our work injury lawyers now
If you were injured while on the job in Michigan and have questions about your medical deposition and a fair workers’ comp settlement offer, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. 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.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.