Request a Free Consultation

Common Deposition Mistakes In Workers’ Compensation Cases

Posted on August 23, 2023

Depositions play a crucial role in workers’ compensation cases, as they are a key part of the discovery process. During a deposition, witnesses provide sworn testimony that can be used as evidence in court. However, like any legal proceeding, depositions can be fraught with potential pitfalls. In workers’ compensation cases, in particular, certain deposition mistakes are surprisingly common and can significantly impact the outcome of the case. Here are some of the common ones made and how to avoid them.

Not Knowing Your Rights

Injured workers have specific rights and protections during a deposition to ensure a fair and just process. For example, workers have the right to be represented by an attorney during the deposition. A Philadelphia work injury attorney can provide guidance, object to  irrelevant questions, and ensure that the worker’s rights are protected.

Inadequate Preparation

One of the most significant deposition mistakes is failing to adequately prepare for testifying. This includes not reviewing your own medical records, employment history, and the details of the incident thoroughly. It is essential to work closely with your attorney to understand what to expect during the deposition and to go through potential questions and answers.

Inconsistencies in Testimony

Providing inconsistent testimony can be detrimental to your case. It can damage your credibility if you say one thing during your deposition and then something different in court. As a result, it is critical to be clear and consistent in your responses; if you do not know the answer to a question, it is okay to say so.

Exaggerating Injuries

While conveying the seriousness of your injuries is important, exaggeration can be easily debunked and harm your credibility. Stick to the facts and be honest about your limitations.

Being Uncooperative

Being uncooperative or confrontational during a deposition can create a negative impression, and emotional outbursts or reactions can be used against you. It is best to remain professional and composed. If you feel uncomfortable or believe a question is inappropriate, discuss it with your attorney rather than getting combative.


Plaintiffs (injured workers) often make the mistake of guessing when they do not know the answer to a question, which can lead to inaccuracies and inconsistencies. Instead, it is better to say, “I don’t know” or “I don’t remember,” and only provide information when you are sure about it.

Volunteering Too Much Information

Offering up more information than necessary during a deposition can be a major error. This can open the door to additional questions and potentially harmful statements. Only answer the specific question asked and avoid providing unsolicited information.

Not Seeking Clarification

If you do not understand a question, don’t be afraid to ask for clarification. Misinterpreting a question can lead to inaccurate responses, so it is better to ask about their intended meaning. 

The Importance of Working With A Personal Injury Attorney

The Importance Of Working With A Personal Injury Attorney

Avoiding common deposition mistakes is crucial for plaintiffs in worker’s compensation cases. Preparation, honesty, and professionalism are vital elements in ensuring your deposition strengthens rather than weakens your case. Working closely with your personal injury attorney in Philadelphia and staying focused on the facts can help you navigate this critical phase of your legal journey successfully. Contact a Rosenbaum Injury firm lawyer today by clicking here.