What Is A Deposition Hearing For Workers Comp?

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Workers' Comp deposition hearing explained

Michigan lawyer explains the importance of a medical deposition hearing and how it can make or break a workers’ comp case.

A deposition hearing 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 work injury case and should be considered part of the trial. The magistrate will use deposition testimony to decide if medical and wage loss benefits need to be paid.

When is a deposition hearing for workers’ comp scheduled?

Deposition hearings 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 witness testimony is always under oath. A sealed copy of the deposition will be delivered to the magistrate as part of the trial. It is the part of the trial where the doctors give their medical opinions.

Watch out for insurance company doctors

Both sides take depositions of their own medical experts. Watch out for insurance company doctors because they almost never support a work injury claim. Insurance companies use the same doctors repeatedly. Drawing out negative testimony to illogical conclusions helps damage their credibility. It is important to remain civil and resist the temptation to get into a dog fight. Deposition testimony needs to be presented in the best possible light.

Why can a deposition hearing for workers’ comp make or break my case?

When a doctor goes on the record with his or her medical opinion at a workers’ comp deposition hearing it can and can make or break a case because doctors can get locked into an opinion and when that happens there is always a risk that it can go poorly for either side. Treating doctors can be loose cannons who fall apart on cross examination. Insurance company doctors reliably testify against employees but can sometimes make important concessions.

A last resort option

We believe depositions are a last resort and should only be done when settlement negotiations have broken down. It costs thousands of dollars to conduct a deposition 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 deposition. These costs get passed to the client and will be paid out of any settlement or award.

A critical step to winning your claim

It 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 deposition so that mistakes are not made.

Need help? Contact our lawyers for a free consultation

If you still have questions about a deposition hearing for workers’ comp or if you want to speak with an experienced attorney about your Michigan work injury claim, call us now, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.

Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years and can help you better understand Michigan workman’s comp laws and explain what happens if you or a loved one 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.

Related information:

How Do You Negotiate A Workers’ Comp Settlement?

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Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

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This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.