Why Is a Deposition Needed Before a Workman's Comp Hearing in South Carolina?

The courts expect all parties to obtain the necessary evidence to prove their case before a hearing. This provides for a knowledgeable and reasonable exchange of information regarding the case prior to a trial. One method of acquiring the evidence is through a deposition. This is one reason why a deposition may be needed before your workman's comp hearing in South Carolina.

In workers' compensation a deposition consists of a question-and-answer session between you and the employer's insurance company. Normally a deposition occurs at the employer's attorney's office in a conference room. There are at least four people in the room, the person who is the deponent, the employer’s attorney, the deponent’s attorney and the court reporter. The court reporter will swear you in and the attorney will ask you questions and you will respond. Sometimes the employer or a person from human resources may attend a deposition.

The purpose of a deposition is to discover information about your South Carolina workman's comp claim. This includes the mechanics of the injury, the current treatment of the injury, your current limitations because of the injury and your current complaints. There may be questions about previous injuries, medical treatment to the same body part or prior workman’s comp claims in South Carolina or other states. Other topics of discussion can include a complete work history, dates of employment and job duties of previous positions. There may also be questions about any potential witnesses to the injury.

Read More: How to Write a Deposition

A South Carolina workman’s comp hearing provides both sides an opportunity to meet and discuss the case with a commissioner. There is normally an exchange of medical records, discussion of the need for future medical treatment and potential settlement value of the case. A hearing may continue to a new date to allow parties to obtain further evidence before a trial. When there is no resolution to a case, the workman's compensation commissioner presides over the presentation of evidence before issuing a final decision in the case.

Several reasons a deposition may occur before the South Carolina workman’s comp hearing can include that a deposition can lead to more evidence or medical records that may be required for an accurate assessment of the case; a party wants to determine how strong a witness the deponent would make before a trial or a party has questions about the case that only the deponent can answer and the answers may lead to settlement, making a hearing unnecessary.