FAQ

What Happens at a NY Workers' Comp Hearing?

NY workers' comp hearings — what happens, who's there, virtual versus in-person, testimony, deposition. What to expect at every type of hearing.

By Levi A. Grosswald
Published
Updated

A New York workers’ compensation hearing is an administrative proceeding conducted by a Workers’ Compensation Law Judge (WCLJ), not a court judge. Most hearings since 2020 are virtual via WebEx. Status hearings are short procedural check-ins addressing scheduling, authorization disputes, or indemnity issues; they rarely involve testimony. Testimony hearings are the substantive proceedings — the claimant testifies, and medical experts are presented through previously-taken deposition transcripts. Section 32 settlement hearings require the WCLJ to review the settlement agreement, confirm the claimant’s understanding, and approve the closure. Preparation is the difference between a smooth hearing and a problematic one.

Short. Virtual most of the time. Lower-stakes than people fear, with one exception: testimony hearings.

TL;DR

  • Most NY workers’ comp hearings are now virtual (post-COVID), conducted by WebEx through the WCB.
  • Hearings are conducted by a Workers’ Compensation Law Judge (WCLJ), employed by the WCB, not a regular court judge.
  • Most hearings are status/procedural — short, no testimony, addressing pre-authorization, indemnity disputes, or scheduling.
  • Testimony hearings are where witnesses (claimant, doctors via deposition transcripts) are presented. These are the substantive hearings.

Who’s in the room (or on the video call)

  • WCLJ — Workers’ Compensation Law Judge, presides
  • You — the claimant
  • Your attorney
  • Carrier attorney — representing the insurance carrier or self-insured employer
  • Sometimes a witness for testimony hearings
  • Court reporter for testimony hearings

For NYC area cases involving City agencies as employer, the carrier attorney is typically from the NYC Law Department’s Workers’ Compensation Division — the office where I served as Deputy Chief.

Types of hearings

Initial / RFA hearing

After a controverted claim or a major dispute (denied authorization, denied indemnity), an initial hearing is held to identify issues, set discovery, and schedule further proceedings. Usually 10-20 minutes.

Status hearing

Periodic check-in. WCLJ reviews case status, sets next steps, addresses pending issues. Short.

Pre-trial / discovery

Larger cases have pre-trial conferences to narrow issues before testimony hearings.

Testimony hearing

The substantive hearing. The claimant testifies. Treating physicians and IME doctors testify via deposition transcripts that have been taken in advance. Cross-examination occurs at the deposition stage, not at the WCB hearing.

Section 32 settlement hearing

When the parties have reached a Section 32 lump-sum settlement, the WCLJ holds a hearing to review the agreement, confirm the claimant’s understanding, and approve the settlement. Required because Section 32 settlements close out future rights.

Virtual hearing mechanics

Most hearings since 2020 are virtual via WebEx. You log in at your scheduled time. The WCLJ runs the hearing from a remote location. You’ll need:

  • Working camera and microphone
  • Reasonably stable internet
  • A private location (work-from-home setup, not a coffee shop)

In-person hearings still occur for certain testimony situations and at the WCLJ’s discretion, but most matters proceed virtually.

Your testimony

When you testify, expect:

  • Direct examination by your attorney — narrative about how the injury happened, treatment, current symptoms, work restrictions
  • Cross-examination by the carrier attorney — testing your account, prior medical history, surveillance
  • Sometimes WCLJ questions

Preparation matters. You’ll review the timeline, the records, and likely cross-examination topics with your attorney before the hearing.

What I see go wrong

  • Claimant not prepared for prior medical history questions
  • Surveillance footage introduced unexpectedly — preparation should anticipate this
  • Social media inconsistencies — Section 114-a fraud allegations
  • Treatment gaps unexplained in testimony

What to do next

If you have a hearing scheduled, preparation is the difference between a smooth proceeding and a problematic one. Contact me directly.

Frequently Asked Questions

What happens at a New York workers' compensation hearing?

A NY workers' comp hearing is conducted by a Workers' Compensation Law Judge (WCLJ), now usually virtually via WebEx. Most hearings are short status conferences; testimony hearings — where the claimant testifies and medical experts are presented via deposition — are the substantive proceedings.

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This page is informational. It is not legal advice and does not create an attorney-client relationship. Every workers' compensation case turns on its facts. For analysis of your matter, contact me directly.

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