What are NC Workers' Compensation Depositions and why do we have them? If you are scheduled to be deposed or if depositions are scheduled in your NC Workers' Compensation case, read on.
In contested NC Workers' Compensation cases, a case may have to proceed to hearing in front of a Deputy Commissioner with the North Carolina Industrial Commission (NCIC). As part of this trial process, depositions may be scheduled. Testimony can be given orally in court or by deposition out of court.
Depositions are sworn oral testimony taken under oath, generally by a court reporter. Typically the deposition will take place in a conference room, in a doctor’s office, or in an attorney’s office. Either your attorney or the opposing side’s attorney will ask the deponent (the person being questioned) a series of questions that are very similar to the questions asked in a court room trial.
The court reporter will record everything said during the deposition. From the recording, the court reporter creates a written document called a “transcript”. The transcript is given to the Deputy Commissioner hearing your claim.
The main purpose of a deposition in a NC Workers' Compensation case is to provide evidence to demonstrate why you deserve to be awarded NC Workers' Compensation benefits. Your attorney or opposing counsel can depose your treating doctor, an examining doctor or a consulting doctor regarding the treatment received; how your injury was caused; justification for why a certain medical procedure was necessary, or any other purpose related to the dispute. Another purpose of a deposition is to preserve important arguments if there is an appeal after the commissioner’s decision.
In North Carolina, generally you, as the claimant, will not be deposed or questioned this way. You provide sworn testimony, under oath, during the hearing proceedings before one of the Deputy Commissioners. You can also read How to Prepare for a Workers' Compensation Hearing by the NCIC.
If you are proceeding to hearing in a NC Workers' Compensation case, it will be helpful to you to have an attorney who can help with depositions, trial preparation, and obtaining medical opinions to support your claim for benefits. The Bishop Law Firm represents injured workers in Raleigh, Cary, Durham, Fayetteville and other areas in North Carolina. Call us today for a free case evaluation, (919) 615-3095.
Also read NC Workers' Compensation FAQs