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Common questions

“They want a recorded statement.”

You are not required to give one on demand, and there is almost never a reason to do it before you have talked to someone. What to say instead.

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The short answer

You are generally not required to give one, and it is not the same thing as a deposition.

A deposition is a formal proceeding you can be compelled to attend, under oath, with your attorney present. A recorded statement is a phone call.

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What it is actually for

It is not to understand your injury. The medical records do that.

It is to lock in a version of events — dates, distances, weights, times, prior injuries, prior symptoms — while your memory is imprecise and you are on medication, in pain, and unprepared.

And then to find inconsistencies later. Between the statement and the medical records. Between the statement and a coworker. Between the statement and what you tell an evaluator two years from now.

You will not remember, three years later, that you estimated the box weighed “about forty pounds” in a phone call you made from bed. The transcript will.

If you decide to do it

Ask for the questions in advance, or ask to respond in writing instead. Both requests are reasonable and are sometimes accommodated.

Answer only what is asked. Do not fill silence.

Do not guess. “I don’t remember” and “I’m not sure” are complete, truthful answers. Guessing at a weight, a distance, a date, or a time is the single most damaging thing that happens in these calls.

Do not minimize. “I’m fine” and “it’s not that bad” are reflexes, and they are quoted back.

Do not speculate about causes — yours or anyone’s.

Mention every body part, including ones you have not yet complained about.

If you need an interpreter, insist on a certified one. Your right to one.

And ask for a copy of the recording or the transcript.

A word about prior injuries

You will be asked about them, and the honest answer is the right one — prior injuries do not defeat a claim.

ApportionmentApportionment Dividing permanent disability between industrial and non-industrial causes. It is to disability, not to findings on an image. is to prior disability, not to prior injury. A prior injury that fully resolved caused no disability. And a prior disability may open a SIBTFSIBTF Subsequent Injuries Benefits Trust Fund. Pays where a pre-existing disability plus an industrial injury produce a substantially greater disability. Rewritten by SB 171 in July 2026. claim, which is money in addition to what the employer owes. How SIBTF works — and what SB 171 changed in July 2026.

What does damage a claim is denying something that is in a medical record somewhere.

Investigation and testimony

Statements, surveillance, and your own file.

Common Questions

Sources

Labor Code § 5710 (depositions, and the employer-paid attorney fee at subdivision (b)(4))§ 3202 (liberal construction)Nothing in the Labor Code requires a claimant to give a recorded statement on demand outside a properly noticed deposition.

General information about California law, not legal advice about your case.

Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed

Law Offices of Solov & Teitell, APC · (213) 380-9310

Printed from https://www.solovteitell.com/answers/they-want-a-recorded-statement/ · Last reviewed

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