Testifying in Your New Jersey Workers Compensation Claim
While few workers compensation cases go to court, you will at some point have to make a statement. While you may not, strictly speaking, have to “testify,” you may have to make statements in a deposition or answer questions at a settlement hearing. A few employees really will have to testify in the rare event that the case does go to trial.
The thing to realize is that telling your story is important. It’s an opportunity to help everyone understand how the accident has impacted your life.
A good workers compensation attorney takes the time to prepare you for your testimony. We’ll coach you on how to answer questions, on the most likely questions to expect, and on how to answer as effectively as possible.
Common Questions
Most questions are quite routine. You’ll be asked about your job duties and the physical requirements of your job. You’ll be asked about the facts of the injury: how you sustained it, and what your symptoms were. You’ll be asked about how and whether you reported your injuries.
You’ll also be asked about medical treatment received, and whether you followed all of your doctor’s orders. Work restrictions are another common source of questions, as are whether or not your employer complied with any light duty restrictions on record.
You’ll also be asked about the limitations you face as a result of the injury, and about the ways that your injury has changed your life. While there are no pain and suffering awards in personal injury trials, it is important to help the courts understand how your capacity has become reduced as a result of the accident, as well as what support you may need moving forward.
Keeping Your Cool
Your attitude and demeanor can make a big difference, even at a hearing or mediation session.
Dress well, speak calmly, and be respectful. Try to get plenty of sleep the night before. Take any medications you’ll need to function at your highest current level of function and eat food if you can.
The truth is you will be subjected to questions which are meant to help detect any chance that you may be committing workers compensation fraud. Cross-examination is part of the process.
The process can feel quite adversarial and stressful. It’s not fun to hear someone imply that you are a liar or a cheat. Yet this is a part of the process that you will have to get through in order to secure your rightful workers compensation settlement.
You Won’t Be Alone
Witnesses, coworkers, and experts often testify on your behalf as well. Your attorneys will make ample use of these individuals, ensuring that they all play a role in telling your story as clearly, concisely, and as effectively as possible.
Workers compensation cases are not easy, but with our help you can be as prepared for them as possible.
See also:
The Two Types of New Jersey Workers Compensation Settlements
