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Workers Compensation Guide
Hearing 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 any confusion caused by the insurance company questions.
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 to clarify the issue for the Judge.
Next Page: Closing Arguments
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