The deposition begins with the swearing-in: the court reporter administers the oath or affirmation that you will tell the truth. The defense attorney asks you to introduce yourself for the record and spell your name, then typically assures you they are not there to trap or trick you, only to learn the facts as you know them.

Keep in mind what it actually is: sworn testimony that the insurer’s side will study for inconsistencies. Calm, honest, and brief wins the day.

Deposition questions in a workers’ comp case move through predictable territory:

Background and Education

• When and where did you graduate high school?
• Did you go to college? Do you have a degree, and in what?
• What was your major?

Home and Personal Life

• Are you married? Do you have children?
• Have you been married before?
• How long have you lived at your present address? Do you rent or own?
• Where did you live in the past?

Employment History

• Where were you working when you were injured, and when were you hired?
• Is this your only injury or workers’ comp case with this employer?
• Where did you work previously, for how long, and why did you leave?
• Were you hurt at any other job? Have you filed a workers’ comp claim before?

How the Injury Happened

Expect to give a detailed account: how it happened, what parts of your body were injured, whether there were witnesses, and how and when the injury was reported. Follow-ups include:

• Were you given an incident report or claim form to fill out immediately?
• Were you offered medical treatment, and when?
• What medical facility did you go to, how long were you there, and what did they do?
• Did you go back to work right away? If not, for how long?

Your Medical Care

• What doctor are you seeing, when did you first see them, and who referred you?
• What treatment plan has been proposed? Is it helping?
• What diagnostic testing has been performed, and what were the results?
• What is your current work status?

Your Pain and Each Injured Body Part

Finally, expect detailed, extensive questions about each injured body part: rating your pain on a scale of 1 to 10 and describing what it feels like. They will also ask about previous injuries, including at other jobs, and whether you spent time in the military or in prison and suffered injuries there.

The habits that protect you are simple:

• Tell the truth, every time. Inconsistency is the trap, not honesty.
• Answer only the question asked, then stop talking.
• “I do not remember” is a legitimate answer when it is true.
• Take your time. There is no clock on your answers.
• If your attorney objects, stop and wait.
• Review your medical records and prior statements with your attorney beforehand.

Your deposition gets compared against everything else in the file: your medical records, your IME answers, and even surveillance. Consistency across all of it is the protection.

In 2025 alone, our firm spent over $700,000 on expert witnesses. We take depositions too: of company doctors, IME physicians, and adjusters. And we prepare our clients for their depositions the same way we prepare for a hearing.

Our firm handled roughly 1 in 4 of recent workers’ compensation trials at the St. Louis Division of Workers’ Compensation, out of hundreds of attorneys representing Missouri workers. Insurers know which firms will actually try a case, and it changes how they negotiate.

When the insurer knows a case is genuinely trial-ready, your deposition stops being a fishing trip and becomes a preview it has to take seriously. That is the point of a trial firm.

Do I have to give a deposition in my workers’ comp case?

Not every case involves one, but if your case is contested or heading toward a hearing, a deposition is common. Your attorney will know if and when one is coming and will prepare you first.

Can I refuse to answer a question?

Your attorney can object, and some questions are out of bounds. On your own, do not guess or argue. Pause and let your attorney handle it.

How long does a deposition take?

It varies with the complexity of your injuries and history, from an hour to most of a day. You are allowed to take breaks when you need them.

What happens after the deposition?

The transcript becomes part of your case record. Both sides use it to evaluate settlement and prepare for a hearing, which is why consistency matters so much. Every case is different; results depend on the facts.