What Happens in a Workers Compensation Hearing in New York
During a New York Workers’ Compensation hearing the status of your claim will be determined. These hearings are held at the New York Workers’ Compensation Board. As of right now, all participants may attend each hearing virtually, but that could change in the future. How you can attend a hearing will be located on a hearing notice sent to you.
Who Attends a Workers Comp Hearing?
Typically, the participants in a workers’ comp hearing will include the Judge, the injured employee, and a representative of the insurance company. The injured employee may also hire an attorney that may also attend the hearing. There are times that parties may call witnesses to testify at a hearing. The hearings in front of the board are all digitally recorded.
During a New York workers’ compensation hearing, the parties will discuss all issues pertaining to the case. Each party will state its position to the Judge. The Judge will then make their decision based on the record or directs further proceedings. The party that loses may appeal the Judge’s decision by requesting a further review within the Workers’ Compensation Board. The party may also appeal outside of the Board to the Supreme Court, Appellate Division. Some Workers’ Compensation appeals may even reach New York’s highest court, the NY Court of Appeals.
Any testimony that is given by the injured employee or witness at a Workers Comp Board, is given under oath. Any decision that the Workers’ Comp Board comes to also impact civil lawsuits stemming from the same work accident.
Why Request a NY Workers’ Compensation Hearing?
Most of the time the only time the Board will put a workers’ comp case on for a hearing is when there is a disputed issue. There are rare cases when a workers’ comp claimant might not have a hearing. To request a hearing, the insurance carrier or the injured employee must file a Request for further Action with the Board. Under limited circumstances, the Board may conduct a case for a hearing unilaterally. That could be the case when an insurance carrier has filed a treatment denial. In most cases, a request for a hearing is required.
In a workers’ comp hearing the Judge and the parties will review the materials in the electronic folder. Only a party of record has access to the electronic case folder that is known as the “E-Case”. This folder contains prior decisions, treatment requests, and medical records.
Some of the types of issues that are resolved at a workers’ compensation hearing include, the degree of the injured worker’s disability and the carrier’s denial of requested treatment. Issues like the extent of the injured workers’ permanent disability could also be resolved. What happens at a hearing can often depend on the skill of the injured employee’s lawyer. A skilled New York workers’ compensation attorney that is versed in the law, as well as the workers’ comp process, can push a case toward a more favorable resolution.
Skilled New York Workers’ Compensation Attorneys
Our Syracuse workers’ compensation attorneys represent clients in Syracuse, Utica, Auburn, Geneva, Cortland, and throughout New York State. If you or someone you love has been injured in a work-related accident, contact us now for FREE CONSULTATION. The experience and dedication of our Syracuse NY worker’s compensation law firm can be an extraordinary asset in your accident recovery after having sustained a serious work injury. Don’t delay. Contact us today.