So how do you actually attend one of these virtual hearings? What should you do to get ready? And what steps can you take to boost your chances of a good outcome?
Let’s break it all down so you know exactly what to expect—and how to handle it like a pro.
So, what should you know about showing up for your virtual workers’ comp hearing in New York? In most cases, the judge is going to call you on the phone. When your lawyer logs in, they’ll also log you in and give the judge your number. Heads up—the call might show up as “unknown,” so make sure you’re ready to answer around your hearing time.
If you can, I strongly recommend joining by video. It lets the judge and the insurance folks actually see you and what you’re dealing with. That can make a big difference. One of my clients had a serious leg injury and was wearing a three-tiered halo brace. Because he showed up on video, the judge could clearly see what shape he was in—and ruled to keep his benefits instead of cutting them.
To log in for your hearing, the Workers’ Comp Board has a video walkthrough that shows you exactly how to do it.
Regardless of how you attend, here are some crucial tips to keep in mind:
If you want the best shot at a good outcome, don’t wait until the morning of your hearing to talk to your lawyer. Get in touch days—or even weeks—ahead of time. Go over everything: your questions, concerns, anything that’s been on your mind. That way, you’re not feeling the need to speak up unexpectedly during the hearing, and your lawyer can build a stronger game plan.
You’ll also want to practice any testimony you’re giving. Be ready to talk about your accident, your injury, how it’s affected your ability to work, important dates in your case, major medical updates, and whether you’re back on the job or not. Knowing how to answer clearly (and without rambling) can help keep your case on track and avoid hurting it by accident.
And don’t forget to loop in your doctor. Let them know you’ve got a hearing coming up. Ask if there are any outstanding treatment or surgery requests, and pass that info on to your lawyer. It might not come up during the hearing, but if it does, your lawyer will be ready to bring it up with the judge and the insurance company.
On the day of your hearing, be ready for something pretty quick—most hearings only last a few minutes, though sometimes they can go longer. If that happens, the judge might call for a quick break, but plan to be available for the whole thing, just in case.
The usual people in the hearing are you, your lawyer, the judge, and the insurance company’s lawyer. Sometimes there are others too, like witnesses or reps from your job or the insurance company.
Once things get started, your lawyer and the insurance company’s lawyer might walk the judge through some documents—stuff like medical records, unpaid medical bills, proof of lost wages, job records, expert witness testimony, or anything showing you’ve been job hunting.
At some point, you might be sworn in to give testimony. That’s when your lawyer, the other side’s lawyer, and maybe even the judge will ask you questions. Make sure your answers are honest and straight to the point—going off track or oversharing can end up hurting your case.
How you carry yourself during the hearing can really affect how things go. Even if you're frustrated or nervous, try to stay respectful—everyone in the room is just doing their job, and each hearing has a specific purpose. So if it’s about your level of disability, stick to that topic and save other complaints for another time.
Also, keep your answers short and to the point. “Yes,” “no,” or “I don’t know” is usually enough. The more you say, the more chances there are for something to be taken the wrong way or used against you by the insurance company. Less is more here—keep it simple and focused.
Don’t be surprised if the judge doesn’t make a decision right then and there. They might need some time to go over the documents and think about the testimony, which means they’ll “reserve” the decision and mail it to you later.
If the ruling doesn’t go your way, you can appeal—but don’t wait too long. You’ve got 30 days from the date the decision was filed to submit your appeal, or you’ll be stuck with it.
That said, if your case is solid, you’re well-prepared, and you handle yourself professionally during the hearing, there’s a good chance things will swing in your favor.
Virtual workers’ comp hearings can be a bit tricky, but with the right prep and mindset, you’ve got a solid shot at a good outcome. If you’re in New York and need help from someone who knows the system, give me, Rex Zachofsky, a call at 212-406-8989 for a free consultation. It’s totally confidential, costs you nothing, and could end up saving you thousands in benefits.
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