Sample Interrogatories for Use in Virginia Workers Compensation Cases


Interrogatories are written questions that your workers compensation attorney will send to the other party when your claim for benefits or the employer’s application for hearing is referred to the hearing docket. Interrogatories are one of the most common tools used by attorneys during pre-trial dscovery because they are effective.


Though every claim is different, there are some basic questions your attorney should ask the employer and insurer through interrogatories. Below is a list of interrogatories you can use to start proving your case. Though the actual questions will change depending on the facts of your case, these are a good starting point.


Interrogatories from Claimant to Employer and Insurer in Workers Compensation


Comes now the claimant, by undersigned counsel, and issues the following Interrogatories to the defendants, to be answered within the period provided by the Rules of the Virginia Workers’ Compensation Commission:

Definitions and Instructions

a. These Interrogatories are continuing in nature. We require you to file supplementary answers if you obtain additional information or if your answer changes before trial.

b. Where we request the name of a person, please provide the full name, home and business address, telephone number, and e-mail address of the person.

c. Unless we indicate otherwise, these Interrogatories refer to the accident that is the subject of this workers’ compensation claim.

d. When we request information or knowledge of a party, our request includes knowledge of the party’s agents, employees, guardians, representatives, and, unless privileged, his or her attorneys.

e. The pronoun “you” refers to the party to whom these Interrogatories are addressed (i.e. the employer, the defendant, and any person identified in clause (d)).

f. “Health care provider” includes every doctor, physician, surgeon, dentist, osteopathic doctor, chiropractor, therapist, psychologist, psychiatrist, rehabilitation specialist, hospital, urgent care center, emergency treatment facility, out-patient clinic, diagnostic testing facility, and any and all other practitioners of the healing arts.



1. State the name, address, and telephone number of each person you intend to call to testify on the employer’s behalf in this matter, and provide a summary of the facts which you expect each such person to testify to.

2. Identify each person whom you expect to call as an expert witness at the trial of this case, including health care providers and those individuals whose opinions you will rely on through written documents instead of verbal testimony, and state the following:

a. The subject matter on which the expert witness will testify;

b. A detailed statement of the facts and options to which the expert witness will testify; and,

c. The basis for the expert’s opinions.

In addition, please attach a copy of any and all correspondence, including letters and e-mails, exchanged between you and each expert witness identified above.


3. Identify by author, date, and subject matter each document which supports each defense the employer alleges in this claim. Attach a copy of each document to the your answers to these interrogatories.


4. If the claimant, or anyone acting on behalf of the claimant, has given any recorded, written, or oral statement concerning his claim which you intend to rely upon at the hearing in this case, identify by name, address, phone number, and business affiliation, the person to whom such statement was made and the date of the statement. Attach a copy of any statement to the answer to this Interrogatory.


5. If the claimant has been photographed, video-taped, or recorded in some other manner after the work-related injury in this case, identify the name, address, phone number, and business affiliation of the person who took such pictures and/or recordings and the date, time, and location where such were taken. Please attach a copy of any such photographs, videotapes, recordings, etc. to the answer to this Interrogatory.


6. Please state the claimant’s gross wages for the year prior to his injury by accident, including any and all straight time and over time wages and any fringe benefits included in the claimant’s wages, such as food and/or clothing allowance.

7. Please state the claimant’s official job position and provide a list of all job duties. Attach a copy of the claimant’s written job description to your answers to these interrogatories.


8. On what basis does the employer contest the claimant’s legal rights to the workers’ compensation benefits sought in his Request for Hearing?


9. What facts support each contention in your response to Interrogatory No. 9 above?


10. Please state the name, address, phone number, and electronic-mail address of each individual whom the defendants know or believe to have knowledge of facts or circumstances related to this case, including those who witnessed the injury, and provide a summary of the facts or circumstances each such person knows.


11. Please list the claimant’s authorized treating physician(s).


12. Please state when the employer first received notice of the claimant’s injury by accident? Identify the individuals who received such notice and the manner in which they received notice.


13. Please state the exact figure you allege the claimant’s pre-injury average weekly wage to be.


14. Please state what portions of the claimant’s Request for Hearing that you do not dispute. For example, please identify whether you accept that the claimant is entitled to wage loss benefits for any closed period or whether the claimant is entitled to lifetime medical benefits for some of the injuries claimed.


By getting the answers to these questions, you’ll know what areas of your claim you need to develop to get the workers compensation benefits and workers comp settlement you deserve.


If you have any questions, please contact us for a free no obligation consultation. We represent injured employees in Richmond, Newport News, Norfolk, Virginia Beach, Fredericksburg, and Charlottesville.


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