California Labor Code 5710 Deposition Fee Rule

A deposition can feel like a test you did not ask to take. The insurance lawyer asks questions under oath. A court reporter writes every answer. Your lawyer sits with you, protects the record, and keeps the questions within fair bounds.

This rule matters because the carrier chose to take your testimony. If the defense requests the injured worker's deposition, California law shifts several deposition costs away from the worker. You should not have to pay out of pocket for the basic costs of showing up and being represented.

Eman Yazdchi is a Certified Specialist in Workers' Compensation Law, California Board of Legal Specialization, State Bar of California. Yazdchi Law explains deposition notices, prepares clients for questioning, and fights fee disputes before the WCAB when carriers delay or underpay what the law allows.

What does this rule cover?

If the carrier asks to depose you, it must pay several fair costs tied to your attendance and representation.

The statute allows depositions in workers' compensation cases much like depositions in civil court. Witnesses may be required to attend. Records may be requested. Testimony may even be taken outside California when the case calls for it.

The worker specific protection starts when the carrier requests the deposition of an injured employee, or a dependent claiming benefits after a work death. In that setting, the deponent gets more than a chair in the room. The law lists practical costs that must be covered.

If the employer or insurance carrier requests a deposition to be taken of an injured employee, or any person claiming benefits as a dependent of an injured employee, the deponent is entitled to receive in addition to all other benefits:

Source: California Labor Code section 5710, official Legislative Counsel text.

How does the attorney fee work?

The deposition attorney fee is separate from the fee on the final case award and should not reduce your recovery.

This fee is not the same as the normal workers' comp attorney fee. The normal fee is usually a percentage approved by a judge from the final award or settlement. The deposition fee pays for separate work: preparing you, attending, handling issues during testimony, and dealing with transcript problems.

The WCAB has discretion. That means the judge reviews what is reasonable. The carrier may object to time, rate, or tasks. Your lawyer may need to file a fee petition, attach time records, and explain why the work was tied to the deposition.

Because the defense pays this fee, it should not come out of your disability money. You should be able to answer questions with counsel present without losing part of your own award for that deposition defense.

What should you do before your deposition?

Prepare early, bring the notice and medical timeline, and ask for language help before the deposition date.

Read the notice as soon as it arrives. Check the date, time, location, and whether the deposition is remote. Tell your lawyer about work hours you will miss. Save receipts for mileage, parking, rides, meals, or lodging if travel is required.

If you do not speak or understand English well, ask for an interpreter before the deposition. The law requires the claims side to pay for interpreter services when language help is needed. Do not guess at questions. Do not let pride keep you from asking for help.

During preparation, your lawyer should walk you through common topics. These often include how the injury happened, prior injuries, medical care, pain levels, work limits, and daily life. The goal is not to script you. The goal is to help you listen, answer only what is asked, and correct mistakes before the record closes.

Yazdchi Law handles California workers' comp depositions for injured workers across Southern California and the Antelope Valley. The same cost rule applies whether the case is set through Van Nuys, Los Angeles, Long Beach, Pomona, Anaheim, Riverside, San Bernardino, or Oxnard WCAB practice. If you received a deposition notice, call (661) 273-1780 before you appear. The firm can review the notice, explain what expenses may be owed, request an interpreter, and track the fee petition after the deposition.