Workers’ Compensation Hearings in New York
Step-by-Step Guidance From A Proven Queens Legal Practice
Navigating a workers’ compensation claim can be challenging, especially if you’re dealing with pain, disability, and setbacks created by a workplace injury and when you’re facing disputes, denials, and difficulties with an employer’s workers’ compensation insurer.
Fortunately, our attorneys at the Harris Firm, LLC are passionate about helping injured workers across New York City protect their rights and position themselves to recover the benefits they need. Often, this requires us to represent their interests at hearings before members of the New York Workers’ Compensation Board and workers’ compensation judges.
If you’re facing a workers’ compensation matter that requires you to attend a hearing, the time to enlist experienced legal counsel is now. At the Harris Firm, LLC, our award-winning workers’ compensation lawyers help workers and families across Queens and all other NYC boroughs prepare for hearings with a personalized and experience-driven approach.
We’re standing by to help, and offer FREE consultations. Call (212) 487-8669 or contact us online to learn more.
What to Expect at a NY Workers’ Compensation Hearing
Here’s what you can expect before, during, and after a workers’ compensation hearing in New York
Before a Hearing
- Purpose: The workers’ compensation hearing aims to gather evidence, testimonies, and legal arguments from both sides to aid the judge's decision-making process.
- Location: Hearings take place at various Workers’ Compensation Board offices. You can choose a hearing site located near your home or may elect to have a Virtual Hearing that allows you to attend the hearing using an app on your smart phone or computer.
- Preparation: Prepare by gathering all relevant medical records, incident reports, and any communications pertaining to your injury and employment. Having an attorney working on your case can ensure that you gather the necessary information needed to support your side of the story during your hearing.
- Conduct: Hearings are formal proceedings where decorum should always be maintained. The New York State Workers’ Compensation Board outlines standards of civility for hearings and other proceedings for all involved parties on its website. Speak with your attorney prior to your hearing to understand what’s expected.
During a Hearing
- Hearing Process. At the beginning of a hearing, the judge will review preliminary matters (if any exist), explain hearing procedures, and give each side an opportunity to make an opening statement. Later, each side will present evidence, including medical reports and witness testimony, to support their positions, and be given opportunities to cross-examine witnesses. Many hearings are quite efficient and can be resolved in a matter of hours. Others with more complex issues or disputes may take longer.
- The Judge’s Role. During the hearing, the judge will rule on objections, hear evidence and testimony, ask questions to witnesses, and more. Their job is to take this information and make a decision based on what they’ve been presented.
- Possible Outcomes. After a hearing, the judge will review evidence and make a decision regarding your benefits, extent of disability, and other claim-related matters.
After a Hearing
- Moving Forward. If a decision was rendered in your favor, you will be able to receive needed compensation and benefits according to the judge’s award, usually within 14 days of the decision. In some cases, you may need to comply with the judge’s orders and may need to attend additional hearings or periodic medical evaluations. As such, it is important to continue to care for your injuries when ongoing medical treatment is needed and to keep the claims administrator updated about your progress.
- Appeals. If you were denied benefits or disagree with other aspects of the judge’s decision, such as their ruling about the extent of your disability or your compensation award, you have the right to file an appeal. If you do choose to appeal, you must file an application withing a certain period. Our attorneys at the Harris Firm, LLC routinely help workers navigate the workers’ compensation appeals process and can evaluate your options during a consultation.
Why Request a NY Workers’ Compensation Hearing?
You may request a hearing if:
- Your claim has been contested by your employer or their workers’ compensation insurer.
- There are issues related to the calculation of your benefits.
- There's a dispute related to medical treatment, the extent of your injuries, or other important aspects affecting your case and your benefits.
Your Experience Matters to Us
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“I am very grateful I got referred to Harris Law Firm for my workers' compensation case. M. Richard Harris is doing an excellent job working on my case; his paralegals have my best interests at heart.”- Freddie L.
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“Mr. Harris handled my case perfectly. I know that I can rely on him and his team. They have been very attentive, calling my medical facility to follow up on my treatment and assisting me whenever I have any questions.”- Saidou K.
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“I changed my attorney to Mr. Harris, and it was the best decision I've made. I highly recommend this attorney; he is very well-experienced and very informative. He helped me get paid!”- Genesis A.
