Workers' Compensation Hearings

Hearings Are Intimidating—Get a Tough Workers' Comp Attorney On Your Side

If you are dealing with a denied workers' compensation claim, have had payments cut off, or are disputing with workers' compensation insurance companies, you will most likely have to go through a workers' compensation hearing. Unfortunately, unless you have an experienced lawyer by your side, it'll be your word against an Administrative Law Judge, the doctor, and the insurance adjuster. Without powerful legal representation, you could end up with either no benefits or an unfair, "lowball" settlement that will not cover your medical bills, needed vocational rehabilitation, or lost wage and hours claims.

What happens at a workers’ comp hearing?

If the insurance company tries to deny your claim or a portion of it, they must file a “notice of controversy” with the Workers’ Compensation Board. Then, your claim will be scheduled for a pre-hearing conference with an administrative law judge (ALJ). The pre-hearing conference is an informal preliminary hearing that deals with matters which will affect the final hearing, such as determining access to medical records or establishing which issues will be reviewed at the formal hearing.

At the formal hearing, the ALJ will hear from you and your lawyer, the insurance company’s lawyer, and potentially witnesses called by both sides. Some of the questions you may be asked at a workers’ comp hearing include:

• What’s the nature of your injury? What parts of your body were injured, and how severe is the damage?
• How did the injury occur?
• What are your physical limitations as a result of the injury?
• What medical treatment have you received for your work injury? Which doctors have treated you?
• What is your ability to work following the injury? Are you able to work with medical restrictions?

Once both sides have submitted their case, the ALJ will issue a decision regarding the amount and length of your benefits.

The hearing process can be intimidating, especially if you’ve never been through it before. Our attorneys have attended thousands of workers’ comp hearings and know exactly what to expect. We know how to prepare for a workers’ comp hearing and put our clients in the best position to succeed.

The New York Workers' Compensation Appeals Process Is Complicated, and We Can Help

After a hearing, if either side disagrees with the Judge's decision, several legal options are available. First, they can appeal to the state Workers' Compensation Board, and further appeals of law are allowed to the Appellate Division and, after that, if accepted for review, to the Court of Appeals. Plenty of lawyers say they know workers' compensation law, but unless you have an attorney with years of trial experience, your work injuries could become debilitating. You could be out of work for a long time with no workers' comp payments or treatment in sight.

Don't go it alone. Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, has knowledgeable attorneys with extensive experience in the entire workers' compensation hearings and appeals process. We go to bat for every client struggling with a work-related injury in all five NYC boroughs, Long Island, Westchester, and Rockland County. Call us toll-free at (800) 692-3717 or contact us online for a free evaluation. Every discussion is confidential, and there is no obligation.