What Happens At A Workers' Comp Hearing in New York

In New York, before a workers' compensation hearing, you would get medical attention, report your injury to your employer, and file a claim with the New York Workers’ Compensation Board. Your employer's insurance carrier investigates your claim and reviews medical records and the injury's circumstances.

You would need to prepare for the hearing in advance. Compile all relevant documents, including:

• Medical records
• Reports from your doctor(s)
• Indicating the nature and extent of your injuries
• Any correspondence related to your workers' compensation claim
• A record of missed work and lost wages.

Think about what you will say during the hearing. You should be ready to explain:

• How the injury occurred.
• The nature of your injury.
• The treatment you have received.
• How the injury has affected your ability to work.
• How it has impacted your daily life.

Be clear on what benefits you're entitled to and be prepared to explain why you deserve them. Consider doing a mock hearing with your attorney to practice your testimony and get feedback. This can help reduce nervousness and improve your confidence.

During a workers' compensation hearing in New York, several steps and procedures are followed to address disputes between injured workers and their employers (or the employers' insurance carriers) regarding the benefits due under the workers' compensation laws.

A hearing begins with the Workers' Compensation Law Judge (WCLJ) introducing the case, outlining the issues to be resolved, and identifying the parties involved. That includes the injured worker, the employer, and the insurance carrier.

Both sides have the opportunity to present evidence to support their claims or defenses. This evidence can include medical records, accident reports, witness testimony, and any other relevant documents.

As the claimant, you may be asked to testify about your injury, how it occurred, the impact it has had on your work and personal life, and your medical treatment. Witnesses may also testify during the hearing. This could include co-workers, medical experts, or anyone else who has relevant information about your injury or your claim.

After you or a witness testifies, the opposing side has the right to cross-examine. This means they can ask questions to challenge the testimony or clarify details.

Both sides can make legal arguments based on the evidence and testimonies presented. Your attorney and the attorney for the employer or insurance carrier will discuss the merits of the claim and address any legal issues or disputing facts.

After all evidence has been presented and arguments made, the WCLJ may make a decision on the spot, though it's more common for the decision to be reserved and issued in writing at a later date.

The judge's decision may approve or deny your claim, or it may address specific aspects of your claim, such as authorizing certain medical treatments, awarding back pay for lost wages, or determining the degree of disability.

All parties involved in the hearing will receive a written notice of the judge's decision. This document outlines the judge’s findings and orders regarding the claim. This includes the approval of benefits, the amount awarded, or any medical treatments authorized.

If the judge’s decision rules in your favor, the employer or insurance carrier is expected to comply. This might involve starting or continuing to pay workers' compensation benefits to the injured worker or making a lump-sum settlement, depending on what the decision entails.

If either party disagrees with the judge's decision, they have the right to appeal. In New York, the appeal must be filed with the Workers' Compensation Board within 30 days of the decision. The Board Panel, consisting of three board members, will review the appeal and make a determination, which can affirm, modify, or rescind the judge's decision.

In New York, after a Workers' Compensation hearing, if any party disagrees with the decision made by the WCLJ, they have the right to appeal the decision.

The first step in the appeals process is to file an Application for Board Review with the Workers' Compensation Board. This must be done within 30 days from the date the decision was filed. The application must clearly state the reasons for disagreeing with the judge's decision, referencing any relevant evidence or points of law.

Once an application for review is filed, a panel of three Board members will review the decision. This panel can affirm, modify, or rescind the WCLJ’s decision, or it can return the case to the judge for further proceedings. The panel’s decision is made based on the record of the hearing and the written arguments submitted by the parties.

If you’re still dissatisfied with the panel's decision, you may apply for a Full Board Review within 30 days of the panel decision. The Full Board, consisting of all active Board members, will then consider the appeal. However, Full Board Review is granted at the discretion of the Board, and not all requests are accepted.

If you disagree with the Full Board's decision, you have the option to appeal to the Appellate Division, Third Department, Supreme Court of the State of New York. This appeal must be filed within 30 days of the Board's decision. This court reviews the Board's decision for legal correctness and ensures that the decision was based on substantial evidence.

The final step in the appeals process is to take the case to the New York Court of Appeals, which is the highest court in New York. Permission to appeal must be obtained either from the Appellate Division or directly from the Court of Appeals. This level of appeal focuses on substantial legal questions.