Workers' Compensation Hearings in New York: What to Expect

Most New York workers' compensation claims never need a hearing. When the insurance company disputes part of your claim, though, a Workers' Compensation Law Judge decides the issue at a hearing before the New York State Workers' Compensation Board. Here is what to expect, how to prepare and what you can do if you disagree with the decision.

When is a workers' compensation hearing needed?

If the insurance company accepts your claim and pays benefits, there is usually no hearing. A hearing is scheduled when something is in dispute. Common reasons include:

• The insurer denies that you were injured at work or in the course of your job.
• The insurer disputes the medical treatment you need or the extent of your disability.
• There is a disagreement about your average weekly wage, which sets the amount of your benefits.
• Benefits were reduced or stopped and you challenge that decision.

Some issues can be resolved without a hearing. The Board may first try to settle a limited dispute through its conciliation process. If that doesn't resolve it, the case goes to a hearing.

How New York workers' compensation hearings work

The Board mails a Notice of Hearing with the date, time and a Virtual Hearing ID. Hearings are held virtually, online through the Board's video system, and you can attend from home or from your attorney's office.

A Workers' Compensation Law Judge runs the hearing. The insurance company is usually represented by its own attorney. The judge may consider:

• Your testimony about the accident, your job and your injuries
• Medical reports from your doctors
• Reports from an independent medical examination, if the insurer had a doctor of its choosing examine you
• Wage records

Many cases take more than one hearing. If the judge needs more evidence, such as a medical report or testimony from a doctor, the case is continued to a later date. After reviewing the evidence, the judge issues a decision on the disputed issues.

How to prepare for your hearing

• Read your Notice of Hearing and keep the Virtual Hearing ID handy. It is different from your WCB case number.
• Test your device ahead of time. A computer with a camera and a reliable internet connection works best.
• Check in early. The Board asks claimants to check in at least 30 minutes before the start time.
• Ask for an interpreter if you need one. You are asked about this when you check in, and you choose the language.
• Keep your medical treatment going and make sure your doctors file their reports with the Board.
• Talk with your attorney about the questions you may be asked. If you are represented and testifying, you must appear by video with your face visible.

Do you need a lawyer for a workers' compensation hearing?

You can represent yourself, but the insurance company will have an attorney arguing its side. A workers' compensation attorney can gather medical evidence, question witnesses and make sure the judge has what is needed to decide in your favor.

In New York workers' compensation cases, attorney fees are approved by the Board and paid out of the award, not charged to you upfront.

What if you disagree with the judge's decision?

You can ask the Board to review the decision by filing an Application for Board Review (Form RB-89). The application must be received by the Board within 30 days of the date the judge's decision was filed. A panel of Board members reviews the application and can affirm, change or reverse the judge's decision. In some situations, a party can then ask the full Board to review the panel's decision.

If you disagree with the Board's final decision, you can appeal to the Appellate Division of the New York State Supreme Court, Third Department. Appeal deadlines are short, so talk with an attorney as soon as you receive a decision.

Frequently asked questions

Do I have to attend my workers' compensation hearing?

You should plan to attend any hearing the Board schedules for you, especially if you are expected to testify. If you can't attend, contact your attorney or the Board right away.

Are workers' compensation hearings in person?

Hearings are held virtually through the Board's online video system. You can join from home or from your attorney's office.

How long does a workers' compensation hearing take?

The hearing itself is often short, but you may wait in a virtual waiting room before your case is called. Disputed cases often take more than one hearing.

Can I get an interpreter at my hearing?

Yes. When you check in for a virtual hearing, you are asked whether you need an interpreter and can choose your language.

What is an independent medical examination?

The insurance company can have you examined by a doctor of its choosing. That doctor's report can be used as evidence at your hearing, so it is important that your own doctors' reports are complete and up to date.

How much does a workers' compensation lawyer cost?

The attorney's fee must be approved by the Board and is paid out of your award. You do not pay a workers' compensation attorney upfront.

How long do I have to appeal a judge's decision?

An Application for Board Review must be received by the Board within 30 days of the date the decision was filed.

Talk with a New York workers' compensation lawyer

If your claim is headed to a hearing, or you have received a decision you disagree with, Sackstein Sackstein & Lee, LLP can help. We have represented injured workers throughout New York since 1952, and consultations are free. Call us at (516) 344-1900 or contact us online.

Learn more about our workers' compensation lawyers in Garden City, Nassau County and Queens.