NEED ADVICE .. asked to give deposition

[sraj]

hi,
I suffered a work related injury in sept 2001 and had to undergo surgery to my neck. It did help but sitting at a computer for more than a few hours aggravates the pain in the neck and my left arm starts to go numb with the pain.
I am currently on permanent disability and my doctor has said that i am permanent and stationary and he released a report to the insurance claims saying that i will need further medical coverage. Now the insurance is contesting that and has asked me to get a QME exam done. I have also asked for vocational rehab as there is no way i can return to my profession.
I have now been asked to give a deposition!! I do not have a lawyer representing me. All i am interested in is getting further medical coverage. I haven't really had a problem with coverage so far but when the claims adjuster said that they are contesting my doctor's report that i need further treatment, i am getting a bit nervous. What steps shud i take to ensure that medical is continued as a neck related injury is an ongoing problem.
Qns:
1. Is a QME exam pretty standard?
2. What is a deposition like and is it advisable to get a lawyer.
3. Should i hold off on vocational rehab until QME etc is done?
4. My claims adjuster said that their legal expenses will be deducted from my allowance. Is that normal?
5. How much would an attorney cost?
The current allowance is a pittance, but I definitely need continued medical coverage since my doctor and surgeon said I may need a second surgery a few years from now.
Really appreciate any advice on this.
THANK YOU.

 

[Michael Wechsler]

I would absolutely advise you to have some representation or assistance prior to taking a deposition. Your entire case could hinge upon this deposition -- you need to know how to phrase what you are going to say, what is out of bounds, objecting to the attorney's questioning, etc. It is difficult to talk about cost and you should probably speak to an attorney with regard to how much it may cost you or even for an initial consultation on how to act in the event that you decide not to be represented.

I'm probably not the best person to try to answer your questions but I'll supply what I have read, FWIW.

1) QMEs happen all the time.
2) Getting an attorney or someone who is experienced with preparing for a deposition can be of significant assistance.
3 and 4) I am unsure about this and wonder if there isn't a standard which needs to be reached, e.g. that a reasonable person might question your doctor's diagnosis and treatment recommendation.
5) The cost of an attorney varies by the attorney and the complexity and length of the case -- this varies according to the facts. I don't think you could get a fully accurate assessment without speaking to an attorney.

Are you a member of a union>

Originally posted by sraj
hi,
I suffered a work related injury in sept 2001 and had to undergo surgery to my neck. It did help but sitting at a computer for more than a few hours aggravates the pain in the neck and my left arm starts to go numb with the pain.
I am currently on permanent disability and my doctor has said that i am permanent and stationary and he released a report to the insurance claims saying that i will need further medical coverage. Now the insurance is contesting that and has asked me to get a QME exam done. I have also asked for vocational rehab as there is no way i can return to my profession.
I have now been asked to give a deposition!! I do not have a lawyer representing me. All i am interested in is getting further medical coverage. I haven't really had a problem with coverage so far but when the claims adjuster said that they are contesting my doctor's report that i need further treatment, i am getting a bit nervous. What steps shud i take to ensure that medical is continued as a neck related injury is an ongoing problem.
Qns:
1. Is a QME exam pretty standard?
2. What is a deposition like and is it advisable to get a lawyer.
3. Should i hold off on vocational rehab until QME etc is done?
4. My claims adjuster said that their legal expenses will be deducted from my allowance. Is that normal?
5. How much would an attorney cost?
The current allowance is a pittance, but I definitely need continued medical coverage since my doctor and surgeon said I may need a second surgery a few years from now.
Really appreciate any advice on this.
THANK YOU.