What can I expect at a Workers' Compensation Hearing?

by Rosalind Asch-Hobeck

There are several ways to participate in a workers' compensation hearing. If you have access to a computer, the Workers' Compensation Board provides instructions on how to join the hearing online. The Notice of Hearing you receive will also include details on how to participate.

You can choose to be on camera and see everyone present at the hearing, or simply call in. If you have a lawyer, they can submit your phone number for the Judge to contact you directly, or you can join the hearing on camera from your lawyer’s office.

Timing and Waiting for Your Case:
The Judge may not call your case at the exact time listed on your hearing notice because multiple cases are scheduled on the same calendar. Be ready a few minutes before your scheduled time and remain available until your case is called.

If you join via computer, you'll enter a "virtual waiting room" until the Judge calls your case. You will then be prompted to join the hearing.

What to Expect During the Hearing:
The insurance company representing your employer will be represented by an attorney.. The Judge will ask for identifying information such as your name, address, date of birth, and the last four digits of your Social Security number. After identification, the issues in your case will be discussed.

Although your hearing notice may list a specific time allowance, the duration can vary depending on the complexity of the issues. Some hearings may take longer, while others are shorter. Once the Judge closes the hearing, your connection with the Board will end.

Legal Representation:
While the Judge will consider your rights, the Judge is not your legal advocate. The insurance company will have an attorney experienced in New York Workers’ Compensation Law, so it’s wise to have legal representation to ensure you receive all the benefits you're entitled to. If a trial is necessary, having a lawyer will help create a comprehensive record for any appeals. Once the hearing is over, any issues that you did not think to ask about will have to wait until the next hearing which could be months away.  Your lawyer will know what issues must be raised at the hearing so that full advantage is taken of the opportunity to be heard. 

Importantly, workers' compensation lawyers do not charge consultation fees or retainers, so there’s no downside to discussing your case with a lawyer.

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