Top 16 Workers' Comp Hearing Tips No One Will Tell You!

For a lot of folks, the word “hearing” sounds intimidating—like you're headed into a courtroom showdown. But don’t stress. I'm going to break down what these hearings are, when they happen, what to expect, and how to show up ready—both in how you prepare and how you carry yourself.

What is A Workers' Compensation Hearing?

A workers’ comp hearing is basically a formal meeting where a judge takes a closer look at your case—usually because there’s a disagreement that couldn’t be worked out ahead of time. It’s your chance to tell your side, and for the judge to decide what’s fair based on the facts.

These hearings are run by a judge from the Workers’ Compensation Board. They review the evidence, hear from both sides (usually you and the insurance company), and decide if you should get benefits—like lost wages, medical treatment, or both—and how much.

Not every workers’ comp case goes to a hearing. If your employer and their insurance company are on board with your claim, you might never have to deal with one. But if there’s a disagreement—say, about your benefits or whether your injury is work-related—that’s when a hearing comes into the picture.

Some common reasons hearings are scheduled:

• Disputes over how disabled you are and what you should get paid
• Whether your time off work should be covered
• Denied or delayed medical treatment
• Arguments over your average weekly wage (which affects your check)
• Whether your injury counts as temporary or permanent

Who’s in the Room During a Workers’ Comp Hearing?

You won’t be flying blind—just know who’s going to be in that virtual room with you.

At the very least, you’ll see:

• You, the injured worker
• Your lawyer (and yes, you should definitely have one)
• The insurance company’s lawyer

And running the show is the judge, who hears both sides and makes the call.

Depending on your case, there could also be:

• Multiple insurance companies and their lawyers
• Witnesses like coworkers, supervisors, or doctors
• Someone from your job (like HR)
• Law students or new attorneys sitting in to observe

In a virtual hearing, everyone shows up in their own little video box. It might look crowded, but don’t stress—your lawyer knows who’s who and what they’re doing there. You just need to stay calm and be ready.

How Does A Workers' Comp Hearing Typically Progress?

These days, hearings are mostly virtual. You log in from your phone, tablet, or computer using a link or app the Workers’ Comp Board provides. You’ll see the judge, your attorney, the insurance company’s lawyer, and anyone else involved all on one screen.

Here’s the basic flow:

• The judge kicks things off by asking whoever requested the hearing to explain what it’s about.
• Then comes the evidence—medical records, pay info, unpaid bills, stuff like that.
• You might have to testify and answer some questions.
• After that, the judge might make a decision right then, or they might order more steps—like doctor depositions or written summaries—before making a final call.

That’s the general idea. It’s not a courtroom drama—but it is important. Being prepared and knowing what to expect makes a big difference.

Virtual Hearings: What to Expect and Why It Matters

Once your hearing’s scheduled, you’ll get a notice with info on how to join. The Board gives you a QR code and step-by-step instructions—pretty simple. The best way to show up? On video.

Why? Because being seen makes a difference. Judges and insurance reps pick up on visual cues. When you’re on camera, you come across as real, engaged, and serious. We’ve even had a case where a client’s visible injuries on video helped convince the judge to side with them.

You can join by phone, but it’s not ideal. If you miss the call—or decline it thinking it’s spam—you might miss the hearing altogether.

Bottom line: log in by video if you can. It’s easy, and it gives you an edge.

How Long Will It Take?

Your hearing notice usually lists a time estimate—like 15 or 30 minutes. That’s just a ballpark. Some hearings are over in five minutes; others take longer depending on what’s being discussed.

If there’s no time listed, it’s probably a quick one. Still, don’t cut it close—hearings can run early or late. Clear your schedule and treat it like any other serious appointment. Better to have extra time than feel rushed.

What Are Best Practices For Injured Workers' At Their Workers' Comp Hearing?

You don’t need to wear a suit or prep like a trial lawyer—but how you show up still counts.

Do:

• Dress clean and presentable
• Find a quiet, well-lit spot with no distractions
• Log in early, just in case things start ahead of schedule
• Mute background noise (TVs, barking dogs, buzzing phones)
• Act like you’re in court—because you kind of are

Don’t:

• Eat, drink, or multitask during the hearing
• Take the call from a bus, store, or while lying in bed
• Talk over people or interrupt
• Miss it or show up late

These little things say a lot. Showing up the right way shows you care—and that you’re serious about your case.

How Should Injured Workers Prepare For Their Workers' Comp Hearing?

Don’t leave it to the last minute. As soon as you get your hearing notice, give your lawyer a call.

Go over:

• What the hearing’s about
• Any documents you’ll need
• If you’re going to testify

If you’ve got paperwork—medical records, bills, whatever—get it together early so your lawyer has time to upload it.

And if you’re testifying, go over some likely questions ahead of time. Keep your answers clear and natural—no need to memorize anything. If you’re frustrated (totally normal), get it off your chest with your lawyer before the hearing, not during it.

What Should Injured Workers Avoid Saying or Doing At Their Workers' Comp Hearing?

Here’s how folks accidentally hurt their own case:

• Skipping the hearing – Miss it, and your case could get delayed or closed.
• Losing your cool – Yelling or swearing doesn’t help your cause.
• Blaming your boss – Workers’ comp is no-fault. Pointing fingers won’t do anything.
• Exaggerating – Be honest about what you’re going through.
• Going off-topic – Focus on what the hearing’s actually about.
• Being too casual – How you talk, act, and even dress matters—especially on video.

Bottom line: stay cool, stay on point, and let your lawyer handle the hard stuff.

Contact Us For Help With Your Workers' Compensation Case

If you’ve got questions about your specific situation, or if you’re not sure what your next step should be, feel free to reach out. You can reach me, Rex Zachofsky, at 212-406-8989. There’s no pressure—just a conversation to help you make sense of things and see if there’s something I can do to help.