Attending a workers compensation hearing can be daunting, especially when it's held virtually. In New York State, all workers comp hearings are now virtual. This means you won't be stepping into a courthouse; instead, you'll be navigating the online system. But how exactly do you attend a virtual hearing? How should you prepare? What can you do to increase your chances of a favorable ruling? Let's dive into these questions and more to help you ace your virtual hearing.
So, what do you need to know about attending your workers compensation virtual hearing in New York State? In most cases, the judge will call you over the phone. When your attorney logs in, they also log you in and provide a phone number where the judge can reach you. This call will likely appear as an unknown number, so be prepared to answer it around the time of your hearing.
If you can, I highly recommend logging in with video. This allows the judge and the insurance company to see your face and your injuries, giving them a better sense of what you're experiencing. For instance, I had a client with a significant leg injury and a three-tiered halo leg brace. Because he logged in virtually, the judge could see his condition, leading to a ruling that maintained his benefits instead of reducing them.
To log in virtually, the Workers Compensation Board has a video with instructions. I'll include a link to that in the description below.
Regardless of how you attend, here are some crucial tips to keep in mind:
To improve your chances of success, prepare with your lawyer well in advance. This doesn’t mean calling them the morning of the hearing. Reach out days or even weeks ahead to adequately prepare. Discuss all your issues, questions, concerns, and comments beforehand to avoid feeling compelled to blurt things out during the hearing. This preparation helps your lawyer craft a better strategy for your case.
You should also go over any testimony you need to give, including details about your accident, your injury, loss of wage earning capacity, timeline of your claim, important medical events, and your current work status. Get clear on how you'll respond to questions about these topics to avoid rambling and inadvertently hurting your case.
Additionally, contact your doctor in advance and let them know about your upcoming hearing. Find out if there are any outstanding requests for treatment or surgery and share that information with your attorney. Depending on the purpose of the hearing, this may or may not be discussed, but at least your lawyer can mention it to the judge and the insurance company.
On the day of your hearing, be prepared for a session that usually lasts only a few minutes, although it can go longer. If it runs long, the judge may give everyone a break, but you should still be prepared to be present for the entire hearing.
Attendees typically include you, your lawyer, the judge, and the insurance company's attorney. There may also be others, such as witnesses or representatives of your employer or the insurance company.
When the hearing begins, your lawyer and the insurance company attorney may highlight documents for the judge to review. These can include medical records, unpaid bills, evidence of lost wages, employment records, depositions by expert witnesses, and documentation of your job search. At some point, you may be put under oath to give testimony. You will likely be asked questions by your lawyer, the insurance company’s lawyer, and possibly the judge. Ensure your answers are truthful and concise to avoid jeopardizing your case.
Your conduct during the hearing will significantly impact the outcome. Show respect, regardless of how you feel about the situation. Understand that each hearing has a specific purpose and the judge plays a specific role. For example, if the hearing is to determine the degree of disability, focus on that issue and avoid unrelated complaints.
Remember, less is more. Answer questions with simple responses like “yes,” “no,” or “I don’t know.” Avoid long-winded answers that can waste time and potentially provide the insurance company with information they can use against you.
Often, the judge won’t make a decision during the hearing. They may need time to review documents and consider testimony, resulting in a reserved decision. This decision will be mailed to you. If the judge rules against you, you can appeal the decision. Just be sure to file your appeal within 30 days of the filing date, or you'll be stuck with the decision.
If you have a strong case, prepare thoroughly, and conduct yourself appropriately in court, there's a good chance the judge will rule in your favor.
Navigating a virtual workers compensation hearing can be challenging, but with the right preparation and conduct, you can improve your chances of a favorable outcome. If you need an experienced workers compensation lawyer in New York State, feel free to call me for a free consultation at 212-406-8989. Our conversation is confidential, costs you nothing, and could potentially save you thousands in benefits.
And if you're considering settling your case, knowing some of the secrets to getting a big workers compensation settlement can be invaluable. For more information, check out the linked video on this topic. Good luck with your hearing, and remember, preparation and professionalism are key!
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