Amazon is a powerhouse company that was first known as “the world’s biggest bookstore.” It has since been given the title of America’s largest retailer (online or off) employing nearly 240,000 people worldwide. Therefore, it is not surprising that Amazon has become a large employer in Minnesota since opening a fulfillment center in Shakopee. The Amazon fulfillment center in Shakopee, Minnesota is a giant warehousing and shipping facility, which will employ upwards of 1,000 workers. This is great news in terms of local job creation but also brings with it a host of other concerns. Amazon has been accused of mistreating its warehouse employees in a variety of ways, including in the realm of workplace injuries.

Most of the positions available at the new Shakopee warehouse will be for “fulfillment associates”, a position that requires employees to compete against one another by filling online shoppers’ purchases. This position requires employees to work as fast as they can for as much as ten hours at a time. Each fulfillment associate’s performance will be monitored closely and if the associate’s pace is deemed to be too slow, he or she will be terminated. Many of these positions will offer no job security and carry a very serious risk of injury. This is particularly concerning because of Amazon’s history where the safety standards of their warehouse employees have been questioned with its responsibilities under the Workers’ Compensation Act.

A deposition is an on the record formal oral interview. In Minnesota workers’ compensation claims, attorneys for employers and insurers typically conduct a formal interview of an injured employee. Depositions are used in the discovery phase of litigations. The parties may learn important information about where and when the injured worker sought medical care, witnesses to the accident, and his or her current medical condition. The deposition may even be introduced at evidence at a hearing or work comp trial.

Who is Present During a Deposition?

Court Reporter: this person transcribes the interview while the parties are speaking and later produces a written transcript of the deposition.

Deponent: the person who is being deposed or questioned. This may be the injured worker, an expert witness such as a doctor, or a witness.

Attorneys: the attorney who is taking the deposition will be present as well as the attorney for the deponent.

Sometimes, an employee represented will be present. He or she is allowed to observe but not talk at all during the proceedings. They are not allowed to nod or shake their head or to intimidate the witness. If he or she behaves inappropriately the employee representative will be asked to leave. Spouses or partners of the deponent may be allowed to observed but he or she is also not allowed to participate. A spouse may not indicate or motion to the deponent.

What Happens During the Deposition?

The court reporter will administer an oath to the deponent. The deponent will swear to tell the truth just as if he or she was testifying in court in front of a judge. The attorney who asked for the deposition will begin questioning or interviewing the deponent. Sometimes the attorney for the deponent may ask questions after the other attorney has finished his or her questioning. Typically, in a workers’ compensation case, rarely will an attorney object to the line of questioning. Attorneys are generally allowed free rein to ask the deponent a variety of questions and objections are reserved for a formal hearing.

Where Will the Deposition Take Place?

Generally, the deposition will take place in the office of one of the law firms involved with the case. In a work comp case, if an attorney is taking a deposition of an injured worker, the deposition usually takes place in the office of the injured worker’s attorney. If you have been sent notice of a deposition, you should check where and when the deposition will be held. You should also plan on arriving early to speak with your attorney and to ensure plenty of time so you are not late.

How Long Will the Deposition Take?

Work comp depositions last approximately 1 1/2 – 2 hours, but can be longer or shorter depending on the complexity of the issues or if the deponent has been deposed before for the same date of injury. The duration of the deposition differs from attorney to attorney for the insurer and employer and depends on the style of questioning. Usually the attorneys take at least one break. If you need more, just ask.

What Kinds of Questions Will I be Asked?

1. Are you looking for work? Attorneys for the employers and insurers want to know if you are conducting a diligent job search. They may ask for job logs and examples of positions for which you have applied. If injured workers do not actively seek employment, he or she may not be entitled to certain types of wage loss benefits.
2. When do you intend to retire? Attorneys for the employers and insurer may try to pressure you to state you planned on retiring at a young age, which could cut off your entitlement to work comp benefits until age 65.
3. Do you have any prior injuries?
4. Have you been convicted of a felony or a crime of dishonesty in the last 10 years?
5. When did you first seek treatment?
6. When did you first report your injury?

Tips:

1. 1. Tell the truth. Lying can severely hurt your case. All cases have bad facts. You hired an attorney to help deal with the bad facts.
   2. If you don’t understand the question, ask the attorney to re-phrase.
   3. If you don’t know an answer, tell them you don’t know.
   4. Don’t guess. If an answer is an estimate or a guess say that before answering the question.
   5. Don’t ramble. Answer the question but don’t pontificate. If the attorney wants more information he or she will ask follow-up questions.
   6. Dress appropriately. While you do not need to wear a suit or formal clothing, sloppy clothes should not be worn. A button-down or collar shirt with hole free jeans are appropriate.

The court reporter can only record oral responses. Don’t nod or shake your head. Answer yes or no.

Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

Recently, Ron Meuser and Jen Yackley of Meuser Law Office, P.A. were proud and honored to speak at the Minnesota Law Enforcement and Labor Services (LELS) monthly meeting in August, 2016 held in St. Paul, Minnesota.
Founded in 1977, Law Enforcement Labor Services, Inc. is Minnesota’s largest law enforcement labor union specializing in representing law enforcement personnel. The mission of Law Enforcement Labor Services is to represent the interests and priorities of its members. LELS provides professional representation and advocates for its members in areas such as:

• Legal matters
• Competitive pay and benefits
• Negotiating safer working conditions

Ron and Jen met with the LELS business agents as well as their legal department and spoke about the complex issues Minnesota’s Peace Officers face when they are dealing with an injury sustained in the line of duty. Topics included the types of benefits available to our state’s first responders who are injured in the line of duty, including workers’ compensation, PERA Police and Fire Duty Disability, Continuation of Health Insurance Benefits Minn. Stat § 299A.465, as well as special situations like third-party claims in the case of on-duty motor vehicle accidents. Ron and Jen also presented information regarding post-traumatic stress disorder (PTSD) and law enforcement, including the new workers’ compensation rules that govern PTSD claims, as well as complex coordination rules that apply specifically to Minnesota’s peace officers who receive Duty Disability and workers’ compensation benefits. Ronand Jen also fielded many great questions from the attendees regarding the coordination of benefits, timing of filing for benefits and PTSD claims.

At Meuser Law Office, P.A. we represent more police officers, firefighters, and other first responders injured in the line of duty than any other law firm in the State of Minnesota. The attorneys at Meuser Law Office, P.A. have more experience representing public servants in their claims for PERA Duty Disability benefits than any other attorney in the State of Minnesota.
When finding an attorney to assist you in your pursuit for benefits it is very important to know how many PERA claims he or she has pursued. Frighteningly, we’ve seen a solo practitioner advertise for PERA Duty Disability applications “helps and tips” on a website that lists incorrect information. Misinformation can seriously harm your claim. Your claim for Duty Disability or regular disability benefits in conjunction with Healthcare Continuation benefits can be worth over a half a million dollars. The amounts of money at stake with each claim are too high to jeopardize by retaining counsel who doesn’t know what he or she is doing. He or she may not know how the PERA disability benefits are coordinated with workers’ compensation benefits in Minnesota and this inexperience or ignorance will hurt your claim.