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California Labor Code 5710 Deposition Fee Rule
Certified Specialist (CA Bar)No Fee Unless We Win (Costs May Apply)Millions RecoveredSe Habla Español
- Years of Practice
- 14+
- Cases Handled
- 500+ over 14+ years of practice
- Recovered
- $7M+ over 14+ years of practice
- Bilingual + Farsi
- English + Español + Farsi
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
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.
| Cost | What it means |
|---|---|
| Travel and meals | Reasonable transportation, meals, and lodging tied to the deposition. |
| Lost wages | Pay back for wages lost while attending the deposition. |
| Transcript | One copy of your deposition transcript at no cost. |
| Attorney fee | A reasonable fee for your attorney, set by the WCAB if allowed. |
| Interpreter | A certified or deemed certified interpreter when language help is needed. |
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.
Injured at work? Call (661) 273-1780
Tap to call →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, Santa Ana, Riverside, San Bernardino, Oxnard, or Bakersfield 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.
Frequently Asked Questions
Do I have to pay my lawyer for attending my deposition?
In most represented California workers' comp cases, the carrier pays a reasonable attorney fee when it requests the injured worker's deposition. The WCAB decides the amount if there is a dispute.
Does the deposition fee come out of my settlement?
It should be separate from the fee on your final award or settlement. The deposition fee is paid by the employer or insurer for deposition work. It is not meant to reduce your disability recovery.
Can I get paid back for missing work to attend?
Yes. The statute gives the deponent reimbursement for wage loss caused by attending the deposition. Tell your lawyer what hours you missed and keep proof from your employer when possible.
Who pays for a Spanish interpreter at my deposition?
If you need language help because you do not speak or understand English well, the defense must pay for a qualified interpreter. Ask before the deposition date.
Do I get a copy of my deposition transcript?
Yes. When the employer or carrier requested your deposition, you are entitled to one transcript copy without cost. Review it with your lawyer if changes or corrections are needed.
What if the carrier refuses to pay the fee?
Your lawyer can file a fee petition with the WCAB. The judge can review the time, rate, and tasks, then decide what amount is reasonable and payable by the employer or insurer.
Does this rule apply to every witness?
The listed worker benefits apply when the employer or insurer requests the deposition of the injured employee or a dependent claiming benefits. Other witness costs may follow different rules.
Should I go to a deposition without a lawyer?
A deposition is sworn testimony. It can affect medical disputes, disability, settlement value, and trial. If you have a notice, speak with a workers' comp lawyer before answering questions under oath.
Last reviewed by Eman Yazdchi, Esq., June 2026.
Related California Labor Code sections
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