Effective February 2, 2026, all injured workers and witnesses testifying in virtual hearings before the New York State Workers’ Compensation Board will be required to appear by video, with their faces fully visible on screen. Injured workers will be allowed to testify via video from home or from the office of their attorney during virtual hearings.
Background on Workers’ Compensation Virtual Hearings
The New York State Workers’ Compensation Board introduced virtual hearings in 2018, which allowed participants to attend workers’ compensation proceeding from their home or office. During the COVID-19 pandemic, the New York State Workers Compensation Board conducted all hearings virtually. Today, workers’ compensation proceedings continue to be virtual, with a vast majority of appearances occurring via telephone.
Why Appearance on Video is Now Required for Claimants
Although injured workers testifying in virtual hearings have always been able to appear by video, many choose to participate over the phone, with no video connection. The Workers’ Compensation Board states that having all participants who testify at virtual hearings appear on video is crucially important. “It allows everyone involved in the hearing to hear and see the other participants, and observe their demeanor, body language, and facial expressions, greatly aiding communication.”
Workers Compensation Boards’ Expectations for Virtual Hearings
The New York State Workers’ Compensation Board has outlined “expectations” for injured workers and witnesses who appear on video during virtual hearings. The Board outlined the following reminders for virtual hearing participants:
- Parties should always be respectful in their communications at hearings. All hearings (whether in person or virtual) are formal legal proceedings, and parties are required to maintain a civil, respectful and professional demeanor when appearing, and abide by the Standards of Civility for Proceeding before the Board.
- All participants in virtual hearings should attend from a suitable and appropriate location, free from noise, distractions and interference for the duration of the hearing.
- An injured worker should dress in appropriate attire for the virtual hearing appearance, as they would for an in-person hearing.
- If attending via a mobile device, it is recommended that an injured worker use a tripod or other stable set up to ensure they can interact with parties and fully participate in the hearing.
Technical Guidance and More Information
The New York State Workers’ Compensation Board has created a document entitled Virtual Hearings Guide for Claimants. The guide provides detailed technical instructions for virtual hearings, including: 1) how to check into a virtual hearing; 2) what to do when attending your virtual hearing; and 3) how virtual hearings can be accessed via mobile devices.
The Virtual Hearings Guide for Claimants can be accessed at the board’s website at the following URL: https://www.wcb.ny.gov/virtual-hearings/claimant-guide.pdf.
If you have any questions or would like assistance regarding virtual workers’ compensation hearings, contact Lipsitz Green Scime Cambria’s Workers’ Compensation department.
