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  1. #1

    Default Workers comp suit depositions

    Can anyone out there give any advice or info. regarding depositions for workers comp cases?

    My husband is an injured worker...the system hasn't been very helpful and we have a pending suit against the insurance company.

    We are told that the atty. for the company we are suing wants to take my husbands deposition and refuses my presence in the matter because I am not a party. But he has asked for my deposition as well.

    This suit is a nightmare to me and the injury and resulting loss of ability, work, wages etc...has ruined our lives.

    Basically, we are suing for lifetime compensation in loss of wages...the other side offered such a low settlement it was laughable. They forced us to travel almost 800 miles round-trip to an IME that only upheld the treating and family docs opinions.

    They have long ago MMI'd my husband and stopped all payments. And he is not better. They have put roadblocks in our path to treatment and we disagree with basic accepted treatment anyway.

    Biggest problem at present is that the atty. for the other side is a liar. Outright and without shame in his communications to our atty. (which we get copies of), he has lied and insinuated falsehoods about my husband and myself...seemingly over small details so far but this has none the less infuriated me.







    Basically, I would love to just walk away from this but that isn't going to happen. My husband deserves the settlement and is completely unable to return to work as a carpenter. His back is messed up so bad but several surgeons in the small area we are from say its too early for surgery that he has only been injured a year and that is for people many years into it...and one said his back is beyond surgical help.

    We are against any more pt or shots...he has been through 3 rounds of pt including work hardening and his restrictions are so tight that no one will hire him and minimum wage is unacceptable. The company is saying he can find a $10 hrly job and that is ridiculous...he cannot and where we live, the job market is terrible.

    He can sit, stand or walk too long without problems, he is tired of the year plus on meds that make him even worse and don't help the pain. Shots don't help and they are painful enough in and of themselves but they don't help and are only meant as pain relief and anti-infammatories. So that isn't fixing the problems. The 3 levels of bulges and grade 5 tears he has are not healing in all this time.

    He is missing out on raising our kids and doing the things we used to do as a family. All everyone says is that he has to change his lifestyle and learn to live with the pain.

    That is unacceptable, hence this damn nightmare of a suit. But you are damned if you do and damned if you don't.

    Meantime, it has torn apart our marriage, I am on the verge of a nervous breakdown and I just can't watch him go through anymore or tolerate any more myself.

    We are trying to get through this and keep our marriage intact...just this week, I was ready to find a way to leave and he finally told me he loved me and wanted me to stay. And that we would get through this together.
    I am scared and skeptical because this whole year plus we have not been together or seen eye to eye on anything.

    I am still here but I am fighting mad about this deposition stuff and its not the last. Our atty. says the other side can have me sequestered during the upcoming trial as well. So I cannot be in the courtroom with my husband at all. I want to find out if we have any rights to prevent that as well. How in the hell do lawyers and judges get to be above the law, tear peoples lives apart and get away with it?

  2. #2
    Join Date
    Sep 2004
    Posts
    759

    Default Re: workers comp suit depositions

    Quote Quoting injuredworkersspouse
    #1 I would like to find out from someone if it is mandatory that a person give a deposition before the telephonic hearing or trial.
    Generally speaking, yes. Laws governing workers' compensation proceedings vary from state to state, so your husband may wish to consult his lawyer for the specifics for your state and litigation.

    Quote Quoting injuredworkersspouse
    #2 I would like to know that if the lying atty. on the ins. companies side says I am not a party to my husbands case, then why does he want my deposition? And I am considering actually refusing to give it although I would love to tell him what a bas**** he really is.
    You are presumably being deposed as a witness. If you refuse to cooperate, the other side's lawyer will presumably seek to compel your deposition through court, and may attempt to hold your husband responsible for your failure to appear - so again, your husband may wish to speak with his attorney about this issue.

    Quote Quoting injuredworkersspouse
    #3 If anyone has been through a nasty deposition, would they be willing to share what happened and what it was like?
    Some depositions are nasty, whether because of a nasty lawyer, a nasty witness, or both. The best approach is to keep your cool, provide no more of an answer than is necessary, avoid "filling a silence" by speaking (that is, if the other attorney sits silently looking at you after you have finished your answer, recognize that this is a trick to get you to volunteer more information, and wait silently for his next question), and to tell the truth.

  3. #3
    Join Date
    Jun 2005
    Location
    kentucky
    Posts
    1

    Default

    My husband was hurt at work in 1999 and we had to Sue their Workers Comp Insurance Company also. They will jerk you around like you are on a Carnival Ride. They have refused to pay for treatments, surgery and medications. They stalled so long that now he has been told he shouldn't have surgery until he just can't function because when they open him, they will probably end up paralysing him anyway. We lost everything and are in the 5th year of having my wages garnished for Bankruptcy. We had to sell our house and are now renting which for some reason makes you a second class citizen. I suggest going to the web site: adrr.com/law1/survive.htm which has an article called, Surviving a Deposition. This is a really big help! Please stick by your husband, he needs you. He has already lost his salary, material things, self respect and his manhood, he doesn't need to lose his support from you. Believe me, no one else will look out for him. We are actually having to go after the lawyer who filed an ADA claim against his employer because he didn't show up at a hearing and the judge through it out! Believe me you are truly dealing with scums, but if you don't play the game - you will definetely lose. My best advice right now, is if you are not happy with what your Lawyer is telling you or if he isn't getting you answers you need - DUMP HIM! Do not wait, like we did. Good Luck, you have a long road ahead of you.

  4. #4
    Join Date
    Jan 2006
    Posts
    1

    Default

    yes I am currently involved with work comp hearings. Yes it will be difficult. As I have learned, it seems that they are able to do just about what ever they want. Be prepared for all kinds of stuff to be exposed. They also will have a private investigator to watch you etc. They will dig into your past and try to find stuff to hurt you.
    You will at times feel quite alone. I have had to endure alot of emotional upheavel in my life from this. Let alone the accident from the job left me with permant respiratory issues I have also had other medical issues also show up. Now have to deal with tricks etc from the other atty. The stress will be great. I wish you the best. my battle

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