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?