Your Deposition

A deposition is sworn testimony, taken before trial, with a court reporter, and it can be used against you later. It is not the same thing as a recorded statement, and it is not optional in the same way.

The provision nobody tells unrepresented workers:

Labor Code § 5710(b)(4): where the employer takes the deposition of an injured employee, the employee is entitled to "a reasonable allowance for attorney's fees for the deponent, if represented by an attorney licensed by the State Bar." The Appeals Board sets the amount, and the employer pays it.

Which means: if your deposition has been noticed and you do not have a lawyer, getting one for that deposition costs you nothing. The fee is not taken out of your recovery. It is paid by the other side, on top.

This is one of the clearest asymmetries in California workers' compensation, and it is almost never explained to the people it exists for.

Everything the employer must provide

Section 5710(b) entitles you to all of the following when the employer or carrier takes your deposition:

Ask for all of it. The transcript in particular: you are entitled to a free copy and you should read it, because it will be quoted back to you for the rest of the case.

What it is actually for

Not to learn about your injury — the medical records do that.

To lock in your version, under oath, in a form that can be used to impeach you two years later. Dates, distances, weights, prior injuries, prior symptoms, what you can and cannot do.

And to look for a contradiction — with the medical records, with a coworker, with surveillance footage, with what you will tell a medical-legal evaluator later. More on surveillance.

How to testify

Tell the truth. Everything else follows from that.

Listen to the whole question before answering. There is no reward for speed.

Answer only what is asked. Do not volunteer. Silence after your answer is a technique, not an invitation.

"I don't remember" and "I'm not sure" are complete, truthful answers. Guessing at a weight, a distance, a date, or a duration is the single most damaging thing that happens in these rooms — because your guess becomes sworn testimony and the record will contradict it.

Do not estimate unless asked to estimate, and if you do, say clearly that it is an estimate.

Do not minimize. "I'm fine" is a reflex and it gets quoted.

Do not exaggerate either. Describe your limits accurately including the good days — most injuries fluctuate, and "on a good day I can do X, and then I'm down the rest of the day" is truthful and cannot be contradicted by a video.

If you do not understand a question, say so.

If you need a break, ask for one. You are entitled to one.

And insist on a certified interpreter if you need one. Not a family member. The employer pays. Your interpreter rights.

What you will be asked about

Your work history — every employer, because it matters for cumulative trauma and for § 5500.5.

How the injury happened, in detail, more than once, in different orders.

Every prior injury, claim, and accident, including car accidents and non-industrial ones. Answer honestly. Prior injuries do not defeat a claim — apportionment is to prior disability, not prior injury, and a prior disability may open a SIBTF claim that is money in addition to what the employer owes. How SIBTF works after SB 171.

What you can and cannot do now — at work and at home.

Your medical treatment, and whether you followed it.

Other work you have done since the injury, including cash work and gig work. Do not lie about this. It is checkable and it is the fastest way to destroy an otherwise good case.

And your daily activities — which is where surveillance and testimony are matched against each other.

Frequently asked questions