Beginning February 2, 2026, all claimants and lay witnesses testifying in virtual hearings before the New York State Workers’ Compensation Board will be required to appear and testify by video with their faces fully visible on screen, and not just by voice over a device, the board announced today.
Attorneys and legal representatives are already required to appear on video for all workers’ compensation board virtual hearings.
In explaining the reason for the new rule affecting claimants and lay witnesses, the board noted that while participants have the ability to appear by video using a computer or mobile device, many claimants and lay witnesses continue to appear by telephone, with no video connection.
“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,” stated the bulletin announcing the expanded rule.
The board introduced its state-of-the-art virtual hearings in 2018, allowing participants to attend workers’ compensation proceedings by video from their home or office. The technology enabled the board to continue to adjudicate claims during the COVID-19 pandemic.
Today, almost all workers’ compensation hearings continue to be virtual.
A claimant’s attorney or legal representative is responsible for ensuring that their client appears and testifies at a virtual hearing by video. Similarly, the party producing the lay witness and their attorney or legal representative are responsible for ensuring that their witness appears and testifies at a virtual hearing by video.
The announcement of the video requirement came one day after the board planned to close its virtual-only Allegany and New City locations. Noting that most of its activity remains virtual, the board said it is consolidating some of its smallest, low-activity locations.
Information about requesting an in-person hearing or appointment is available at NYS WCB Locations.
Topics Workers’ Compensation New York
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