Tips For Preparing For Your Workers' Comp Hearing That No One Tells You!

Whether it’s about proving your injury happened at work, clearing up wage issues, or figuring out your benefits going forward, knowing what to expect at your Workers' Compensation Hearing and how to prepare can make all the difference. Let's dive in.

What's The First Thing I Should Do When I Get My Hearing Notice?

It sounds basic, but step one: open your mail. You’d be surprised how many people miss their hearing because they never opened the envelope. If it’s from the Workers’ Comp Board or the insurance company, read it—don’t ignore it.

Once you see there’s a hearing, call your lawyer. No lawyer? Now’s the time to get one or at least have a consultation. Going in alone—while the judge and insurance attorney do this every day—is a bad idea. You need someone who knows the system and has your back.

Then, check the details. What day and time is it? Is it virtual or in person? Many hearings are still online. Even lawyers mess up calendars sometimes, so confirm everything.

Not every workers’ comp hearing is the same. Some are quick—like sorting out a medical bill. Others are more serious, especially if you’re expected to testify about your injury, job, or medical treatment. So the first thing you should ask is: what’s this hearing for?

That answer shapes how you prepare. If you're testifying, review the details—how you got hurt, what treatment you’ve had, whether you’re working. If it’s about wages or benefits, gather your paperwork and make sure you understand the numbers.

Don’t assume your lawyer’s got it all handled without checking in. A quick call to go over the hearing’s purpose can clear up confusion and help you walk in ready.

How Do I Prep With My Lawyer The Right Way?

Once you know what the hearing’s about, your next move is to sit down with your lawyer and get prepped. This isn’t just a quick chat—it’s your practice run. A good prep session helps you know what to expect, how to answer questions, and how to stay cool under pressure.

Be totally upfront. Talk about past injuries, old claims, car accidents, side gigs—anything that could come up. Hiding stuff, even by accident, can mess up your case fast. The last thing you want is your lawyer—or the judge—learning about your second job for the first time while you’re on the stand.

This is also when you’ll go over your medical treatment, what your doctors are saying now, and anything coming up like surgery or injections. And definitely talk about work—have you gone back, even part-time or light duty? It all matters.

And hey, ask questions. If something’s confusing, speak up. The more you understand going in, the less likely you are to get rattled when it counts.

Which Documents Should I Organize Before The Hearing?

Your paperwork can make or break your case. If it’s a mess, you’re just making things harder on yourself. Keep everything in one folder—your hearing notice, medical reports, IME letters, pay stubs, W-2s, doctor’s notes, all of it. Try to keep it in date order so you can grab what you need fast.

If wages are part of your hearing, gather pay stubs, tax returns, and anything from a second job (that’s called “concurrent employment”). It can impact how much you get paid.

Also, if you’re supposed to be looking for work, track it. Log every job you apply for and save the proof. That info can be the key to keeping your benefits.

How Do I Get Ready to Testify Without Hurting My Case?

Testifying can feel stressful—even if you’ve prepped. That’s why it’s just as important to get your mind right as it is to know the facts.

Keep it simple: answer only what’s asked, and keep it short. Don’t ramble or offer up extra info no one asked for. If they say, “Have you gone back to work?” just say “No” if that’s the truth—don’t launch into your life story.

And whatever you do, don’t guess. If you’re not sure, say “I don’t remember” or “I’m not sure.” Guessing can come back to bite you if you're wrong.

Practice helps. Go over likely questions with your lawyer, and try answering them out loud. Take a breath before you speak—seriously, that pause can save you from saying something you didn’t mean to.

Staying calm and clear makes you more believable—and that can go a long way in your case.

What Are The Biggest Prep Mistakes People Make and How Can I Avoid Them?

When the day comes, how you act matters. You don’t need to sound like a lawyer—you just need to take it seriously.

First off, stay cool. It’s normal to be nervous, but breathe, take your time, and don’t rush to fill every silence. A short pause is better than blurting something out you didn’t mean to say.

Only answer what you’re asked. No side stories, no extra details unless someone asks. Oversharing can open doors you don’t want opened.

Keep your emotions in check. Frustration is totally understandable, but getting worked up during questioning can hurt your case. Stick to the facts.

And finally, show up ready—on time, dressed appropriately, and with your papers organized. It shows you respect the process, and that goes a long way.

Contact Us For Help With Your Workers' Compensation Case

If you’ve got a hearing coming up and you're not sure what your next move should be, feel free to reach out. Give me, Rex Zachofsky, a call at 212-406-8989. Even if you just want to ask a few questions or get a second opinion, that’s totally fine. I’m here to help you feel confident and prepared.