Atkin & Associates Attorneys at Law
Workers Compensation Guide
Testimony

The injured worker is almost always the first witness to present testimony. The Judge will administer an oath where you swear to tell the whole truth. You will then take the witness chair and answer questions from your attorney first. The insurance company’s attorney can then ask questions. Do not try to guess why the question is being asked. Simply answer the question as honestly as you can. This means that sometimes the only true answer is “I don’t remember.” Your attorney will then ask any questions needed to clarify the issues.

Your witnesses (if any) will then testify in the same manner. In most cases no witnesses other than the injured worker are needed to prove the case because the injured worker knows everything that happened in the case.

If the insurance company has any witnesses, they will testify. Questions for insurance witnesses are asked first by the insurance company attorney and then by your attorney. If any of the testimony of the witnesses is incorrect or misleading, your attorney may ask you to testify a second time.

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DISCLAIMER: Every case is different. Information provided on this website is intended as a general outline only and may not be appropriate for your case. Contact an attorney for a free consultation to get the best information for your particular situation.

copyright 2004 - updated July 2011

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