How to Prepare for a New York Workers’ Comp Hearing

Know exactly what the hearing is about

Hearings are scheduled to decide a specific issue: whether your claim is established, your degree of disability, an unpaid period of benefits, a treatment dispute, or an average-weekly-wage question. The hearing notice names the issue.

Read it and focus your preparation on that single question rather than the whole case, because that is what the judge will rule on that day.

What the judge will want to hear

Expect to testify about how the injury happened, your symptoms, your treatment, and what you can and cannot do. Answer plainly and stick to what you actually know; do not guess or exaggerate.

The judge weighs your credibility alongside the medical evidence, so consistency between what you say, what your doctor reported, and what is in the file matters more than dramatic detail.

Bring the record, and read the decision after

Have your key documents organized: medical reports with your work restrictions, proof of lost time and earnings, and any notices in dispute. Arrive early and bring identification.

The judge may decide from the bench or issue a written Notice of Decision later, with any award and any deadline to seek Board review. If a point that matters goes against you, the window to request review is limited – so read the decision promptly and note the date.

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