If you are injured or become ill because of your job, you should be able to claim workers’ compensation. Most employers across the country are insured to protect both themselves (from lawsuits) and their employees in the event of a workplace related health issue. Many minor injuries or illnesses are relatively straightforward, but longer periods of disability and more serious injuries or illnesses may take a protracted period of negotiation. A disputed compensation claim may even lead to a lawsuit. The discovery stage of a lawsuit is the period in which evidence is made available to both sides of the dispute. You are strongly advised to get legal representation if you suspect that your WC claim is going to be difficult to achieve. A workers’ compensation attorney will provide advice and handle the legal side of the negotiations including preparing for discovery. What Takes Place During Discovery? The discovery process is a point at which both parties in a lawsuit ‘discover’ the other side’s evidence. In a workers’ compensation claim, if it gets to the point where discovery is necessary, there are three different ways that evidence is provided from both the worker’s side and the employer’s insurer’s side. These include: Interrogatories; Depositions; An independent medical examination. Interrogatories may be prepared by either side. They are a series of written questions which are directed at either the worker or the insurer. Written answers are compiled by the other party. Depositions are a series of questions posed verbally. The party responding to these questions must do so under oath. The independent medical examination may be requested by the employer’s insurer to make a decision on the exact nature of the injury or illness and whether it was related to time at work. Evidence from the medical examination is used to inform the insurer about the amount of compensation it is prepared to pay. Discovery is a two-way process and your own workers’ comp. attorney will prepare both interrogatories and depositions for the insurer’s attorney to answer. How Discovery Should be Approached It is impossible to know in advance what sort of questions will be asked in advance at discovery, but it is possible that anything and everything may be brought up. Most attorneys advise employees going through a disputed workers’ comp. claim to be as open and as honest as possible during discovery. Preparing for discovery is important, and it can be a lengthy and frustrating experience. Having the correct documentation is an important factor in presenting an accurate and responsible attitude during the discovery process. You Will Need an Experienced Attorney if There is a Dispute About Your WC Claim If there is likely to be a dispute about your workers’ compensation claim, you are advised to use a workers’ comp. attorney to provide advice and help you with negotiations during the claim process. Discovery can be an intimidating process. You do need to be well prepared and a WC attorney can help you prepare the necessary documentation and prepare questions directed at the insurer to probe issues that are holding up the resolution of a claim. Additional Resources How Should I Prepare For a Workers' Compensation Deposition? Hiring an Attorney for Workers' Compensation
