Pursuing a workers’ compensation claim can be a daunting task, particularly if you’ve suffered a severe workplace injury that is affecting your ability to engage in day-to-day tasks. One of the most challenging aspects of the workers’ compensation process is workers’ compensation hearings, in which you must make your case as to why you are entitled to benefits. While you may be tempted to represent yourself at a hearing, you should at least consider hiring a workers’ compensation attorney to increase your chances of success.
Will You Have to Attend a Hearing?
Most workers’ compensation claims make it to the hearing stage. In some cases, you may be lucky enough to have your claim approved undisputed. But if your employer or your workers’ compensation insurance carrier disputes your claim and you cannot resolve the dispute through negotiations, you may have no choice but to attend a hearing. Keep in mind that the insurance company will be sending an experienced workers’ comp attorney to deny or minimize your claim.
Common issues that require hearings include:
- Disputes over what body parts were injured and whether your injury is work-related
- Disagreement over the extent of your injuries
- Allegations that your injuries are due to a pre-existing condition
- Contentions that you waited too long to report the injury
- Contentions that you failed to seek medical care or follow doctors’ orders
If you’ve run into any of these issues with your workers’ compensation claim, a workers’ compensation attorney can help you resolve them, even if that means attending a hearing.
Parties to Workers’ Compensation Hearings
Workers’ compensation hearings typically are attended by all interested parties to your claim, including:
- You
- Your attorney
- The insurance company’s attorney
- Witnesses (including medical professionals)
- The workers’ compensation law judge
What to Expect at a Suffolk County Workers’ Compensation Hearing
The purpose of workers’ compensation hearings is for a workers’ compensation law judge to resolve disputes between claimants and the insurance company by reviewing evidence, hearing testimony, and making an informed ruling. It is important to remember that while workers’ compensation law judges are not necessarily on your side, they are also not on your employer’s side. They are neutral arbiters who strive to apply the law faithfully and impartially.
Before the Hearing
Before your hearing, you’ll work with your workers’ compensation attorney to present the strongest case possible. That may include gathering and reviewing medical and occupational evidence, going over questions and answers, and anticipating the other side’s arguments and crafting rebuttals to them. Hearings are formal proceedings and require their participants to maintain a certain level of decorum, so make sure you dress appropriately and understand what is expected of you.
At the Hearing
Workers’ compensation hearings are much like trial proceedings. At the beginning of the hearing, the judge will handle preliminary matters and explain to the parties how the hearing will proceed. Each side will then have an opportunity to present their position. Then each side will then present its evidence, which includes medical evidence and may include questioning and cross-examining of the injured party and any witnesses. The judge who presides over the hearing will evaluate each side’s evidence, rule on objections, and ask questions of all parties. If the judge asks you a question, answer it honestly. Dishonesty, including exaggeration and lying by omission, can result in allegations of workers’ compensation fraud. However, answer only what the judge asks — do not go on tangents or include extraneous information, as you could inadvertently harm your case. At the conclusion of the hearing, the judge will review the evidence presented and issue a ruling.
After the Hearing
If the judge rules in your favor, your work is done, and you can expect to begin receiving your workers’ compensation benefits shortly after the decision is issued. Even if your hearing does not go your way, don’t worry — you haven’t exhausted all legal remedies. Within 30 days of an adverse ruling, you may appeal the judge’s ruling to the Workers’ Compensation Board, where it will be reviewed by a panel of three commissioners. If their decision still does not go your way, you may appeal the panel’s decision to the full Workers’ Compensation Board, and from there, you may pursue an appeal to the Appellate Division of the Supreme Court of New York.
Workers’ Compensation Hearing FAQs
Are Workers’ Compensation Attorneys Required for Hearings?
There is no legal requirement to be represented by counsel at New York workers’ compensation hearings. However, we strongly recommend that you hire a workers’ compensation attorney anyway for several reasons. First, your employer and workers’ compensation insurance carrier will almost certainly be represented by an attorney, which will put you at a distinct disadvantage if you are not represented by counsel. Second, making your case at a hearing requires deep knowledge of New York workers’ compensation law and procedure, plus the advocacy skills to be able to rebut the other side’s arguments. While you may be able to do some of that yourself, an experienced attorney will be able to do it more effectively. Last, an experienced workers compensation attorney can only charge 15% by law and it’s a very reasonable, worthwhile investment into your claim.
Will I Have to Attend My Hearing in Person?
Virtual workers’ compensation hearings are standard procedure in New York. However, you may request an in-person hearing if you desire.
How Long Will the Hearing Take?
The length of your hearing depends on the complexity of the issues in your case, the amount of evidence each side presents, and the number of witnesses to be examined. Some issues can be resolved at the first hearing, but most cases require many hearings prior to closure.
Are Hearings Open to the Public?
No, workers’ compensation hearings are not open to the public.
What Happens if I Miss My Hearing?
If you cannot attend a scheduled hearing, you can try rescheduling it, but you will be better served by retaining an attorney to appear on your behalf. If that is not possible, you will have to petition the Workers’ Compensation Board to reopen your file and schedule another hearing.
Ace Your Hearing With Help From a Workers’ Compensation Attorney
It’s normal to be nervous about a workers’ compensation hearing, but having an experienced attorney on your side can help calm your fears. For more information about workers’ compensation hearings in New York, please contact a workers’ compensation attorney at Turley, Redmond & Rosasco by using our online form or calling us at 631-582-3700 (Ronkonkoma) or 631-399-0400 (Shirley/Riverhead).