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Hearings, Agreements & Appeals

Learn about the workers' compensation hearing process.

About Hearings

Insurers (payers) will often accept a claim and promptly begin paying benefits. However, an insurer can dispute a claim for various reasons. It may not agree that the employee was injured, or may not believe the injury occurred while the employer's insurance policy was in effect, or any number of other situations. Board employees who are claims examiners and conciliators will first try to resolve issues. If they can't, the Board will hold hearings in front of a workers' compensation law judge. The judge hears testimony, reviews medical records and wages, then decides on a resolution and the amount of any award.

Injured Workers always have the right to an attorney or licensed representative, but it is not required. If one is hired, do not pay them directly. Any fee will be set by law and is deducted from the compensation award. Attorney's fees are generally around 15% of the award and should be discussed with the attorney/licensed representative.


VIRTUAL HEARINGS Attend Your Hearing Virtually

Virtual Hearings allow injured workers, attorneys/representatives, witnesses, and other participants to attend workers' compensation hearings online.

HOW CLAIMS ARE RESOLVED

Safety and Security

In order to ensure a safe workplace and a hearing process free from any form of intimidation, the New York State Workers' Compensation Board prohibits both visitors and employees from carrying or bearing firearms or any other weapons on Board premises.