Discovery: Interrogatories, Depositions and IMEs
In the discovery phase of the case, both sides gather the information they need to fully understand the claim and properly present their case in Court. Various release forms will likely be requested throughout the process. Commonly, three types of discovery are done by insurance attorneys in workers compensation claims: Interrogatories, Depositions and IMEs.
Interrogatories are written questions to be answered under oath. These are often used to help the attorney for the insurance company understand your accident and history. The attorneys at Atkin & Associates also use interrogatories to make sure they understand the insurance company’s position.
A deposition allows for oral questions and answers. The injured worker, his attorney and the insurance company's attorney attend. A court reporter is present to write down exactly what is said. All answers are sworn to be the truth, so it is important to answer the questions accurately. This means that sometimes, the only possible answer is 'I don't know'.
An independant medical exam (IME) is a medical opinion for the insurance company. They have a right to get one and the injured worker is required to cooperate. It is important to be fully honest with the IME doctor. Injured workers are not required to lay in bed all day. However, if they lie about their activities, they can be charged with criminal fraud.
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