By Rosalind Asch-Hobeck

Don’t Ignore a Workers’ Compensation Hearing Notice: Why Showing Up Matters

If you’ve been injured on the job and filed a workers’ compensation claim in New York, it’s absolutely critical that you take every part of the process seriously — and that includes every single hearing notice you receive.

It may be tempting to ignore a hearing notice, especially if you’re confused about the process, overwhelmed by medical issues, or unsure of what the hearing will cover. But ignoring a hearing notice is one of the worst mistakes you can make as an injured worker. Doing so can have serious consequences for your case — including suspension or loss of benefits, delays that drag on for months, or even having your case closed entirely.

Let’s break down why these hearings matter, what to expect, how a lawyer can help, and how you can protect your rights and benefits every step of the way.

What Happens if You Ignore a Hearing Notice?

In New York’s workers’ compensation system, when you get a notice of hearing, that means a Law Judge has scheduled time to review and address the current status of your claim. Whether it’s to determine ongoing eligibility for benefits, resolve a dispute, or move the case forward in any way — it’s not optional.

If you fail to appear at a scheduled hearing and don’t have a valid excuse or representation, the Law Judge has the authority to close your case for failure to prosecute. That means your claim is essentially frozen. No benefits will be awarded, no progress will be made, and no further action will be taken until the matter is reopened — which can take weeks or even months.

During that time, you may:

• Lose out on wage replacement benefits
  
  

• Miss critical medical treatment approvals
  
  

• Face unnecessary financial hardship
  
  

• Find it more difficult to gather evidence or obtain retroactive benefits later
  
  

This kind of delay can derail an otherwise valid claim — all because of a missed phone call or skipped hearing. It’s simply not worth the risk.

Virtual Hearings Are the Norm — But You Still Have to Show Up

Due to recent changes in how hearings are conducted, most workers’ compensation hearings in New York are now virtual by default. This means they’re typically held via videoconference or phone call rather than in person. While this is more convenient for most people, it doesn’t make the hearing any less formal or important.

You are still expected to appear — and appear on time and fully prepared. If you’re scheduled to appear by phone, that means you must be reachable when the Law Judge calls. If you don’t answer or aren’t available, it’s considered a non-appearance.

That said, virtual hearings are generally a big help for injured workers. If you’re dealing with a disability, lack transportation, or are still working part-time, being able to appear by phone or video eliminates the need for travel and time off. Many claimants find this arrangement much easier to manage — as long as they take it seriously and prepare properly. Virtual hearings are the preferred method of attending a hearing as the most convenient way for all parties to be present. 

What If You’re Represented by a Lawyer?

If you’ve retained a workers’ compensation lawyer, they will attend all hearings on your behalf — and that can make a world of difference.

Here’s what your lawyer does in connection with the hearing:

• Receives hearing notices for your hearings
  
  

• Confirms your availability for phone or video participation
  
  

• Provides your contact info to the Judge so you can join the hearing
  
  

• Prepares the evidence and arguments ahead of time
  
  

• Speaks to the Judge and other parties on your behalf
  
  

• Tells you whether your testimony is needed, and what to expect
  
  

If something comes up and you can’t be available for the hearing — say, you have a doctor’s appointment or a medical emergency — your lawyer can inform the Judge and request an adjournment. But without legal representation, you may not know how to request this or what’s considered an acceptable reason.

Having a lawyer means you’re not facing the process alone. You’ll be advised on how to present yourself, what documents you need, and how to avoid jeopardizing your case due to a misunderstanding.

Why Hearings Matter More Than You Think

It’s not uncommon for claimants to assume that once a claim is accepted and benefits begin, hearings are just a formality. But nothing could be further from the truth.

Workers’ compensation hearings are where:

• Your ongoing eligibility for benefits is reviewed
  
  

• Issues about your degree of disability are examined
  
  

• Medical reports are accepted into evidence or challenged
  
  

• Requests for additional benefits are raised
  
  

• Insurance carriers make arguments to suspend or reduce benefits
  
  

• Resolutions may be proposed or negotiated
  
  

• Witnesses may be called to testify, including you and employer witnesses
  
  

Even if your claim was accepted at the beginning, the insurance carrier can dispute ongoing benefits at any time — especially if they believe your disability has improved or your doctor hasn't provided adequate medical documentation.

If you fail to attend the hearing or aren’t prepared, the Judge may rule based on the evidence the insurance carrier provides, which could lead to:

• Suspension or termination of wage loss benefits
  
  

• Denial of necessary treatment
  
  

• Closing your case without full compensation
  
  

Don’t assume your claim will “run on autopilot.” Every hearing is a chance to protect your benefits — or lose them.

What Happens at a Typical Hearing?

While every case is different, most hearings last around 15–30 minutes unless testimony is being taken.

Your lawyer may be the only one speaking directly to the Judge, unless you’re scheduled to testify or the Judge has questions for you. If you’re appearing by phone, be sure to:

• Be in a quiet place
  
  

• Have good phone reception
  
  

• Keep your phone on and fully charged
  
  

• Stay alert and ready to answer
  
  

• Follow your lawyer’s instructions carefully
  
  

Hearings are fast-paced, so your attorney will want to make the most of every moment. They’ll raise relevant issues, respond to the carrier’s objections, and work to move your case forward efficiently.

If your doctor hasn’t submitted recent medical documentation, your lawyer might ask for an adjournment or remind you to schedule an updated exam. Keeping your medical records up to date is key to continuing your benefits — and this is often a major topic of discussion at hearings.

How to Prepare for a Hearing

Whether you’re represented by an attorney or handling your claim on your own (which we don’t recommend), here are a few things you can do to prepare for any hearing:

✅ Review your Notice of Hearing carefully

It will tell you:

• The date and time
  
  

• The issues to be addressed
  
  

• Instructions for appearing by video or by phone
  
  

✅ Have all your documentation ready

Send:

• Recent medical reports
  
  

• Pay stubs or proof of earnings
  
  

• Out-of-pocket expenses related to your injury
  
  

✅ Coordinate with your attorney

If you’re represented, speak with your lawyer ahead of time. Go over:

• What the hearing will cover
  
  

• Whether your testimony is necessary
  
  

• What questions you may be asked
  
  

• Any concerns you want raised
  
  

✅ Be punctual and professional

Whether you’re logging into a video hearing or answering your phone, treat it like a courtroom appearance. Judges take punctuality and preparedness seriously.

What If You Don’t Have a Lawyer Yet?

If you haven’t yet retained a workers’ compensation attorney, it’s not too late — and getting one can make all the difference. Handling a hearing without legal knowledge can leave you vulnerable to procedural mistakes and missed opportunities.

That’s where LawyerLanding.com can help.

We are a free, easy-to-use service designed to connect injured workers with qualified, participating workers’ compensation law firms in New York. There’s no cost to use our service, and we don’t charge you anything before or after the introduction. Our only job is to introduce you to a lawyer who can represent your interests and guide you through the process.

Many workers put off finding a lawyer because they assume there will be consultation fees, retainers, or red tape. In New York’s workers’ compensation system, that’s not how it works. Lawyers can’t charge upfront — they are only paid if they help you recover benefits, and even then, their fee is approved by the Judge and paid out of your award — not your pocket.

So if you’re unsure whether you need a lawyer — or if you’re confused about your upcoming hearing — now is the time to reach out.

Why Use LawyerLanding.com?

• ✅ Completely free to use — no fees, no obligations
  
  

• ✅ Quick online questionnaire — takes less than 2 minutes
  
  

• ✅ Introduces you to a workers’ comp lawyer
  
  

• ✅ Your information is secure and never shared without your consent
  
  

• ✅ No retainer or consultation fees — ever
  
  

Whether you’re just starting a claim, facing a hearing in the coming days, or dealing with a denied claim, we’re here to help you take the next step.

Take the First Step Toward Protecting Your Benefits

Injured workers already face enough stress. Navigating hearings, filing forms, responding to insurance company tactics — it’s a lot to handle, especially when you’re trying to heal and stay afloat financially.

You don’t have to do it alone.

By working with an experienced workers’ compensation attorney, you can be confident that your case is in good hands. You’ll never have to guess whether to attend a hearing, what to bring, or how to respond to the Judge.

So why wait?

Fill out the short questionnaire today and get connected with a New York workers’ compensation attorney who can guide you through the process and fight for the benefits you’re entitled to.