New Virtual Hearing Requirements for NYS Workers’ Compensation Cases

The New York State Workers’ Compensation Board has announced updated requirements on virtual hearings, effective February 2, 2026. These changes impact how claimants and witnesses must appear when testifying, and place additional responsibilities on attorneys and parties to ensure compliance.

Subject Number 046-1784

As of February 2, 2026, all claimants and lay witnesses testifying in virtual hearings will also be required to appear and testify by video with their faces fully visible on screen. The New York State Workers’ Compensation Board shared the following requirements:

Represented Claimants: Represented Claimants may testify by video from the office of their legal representative or another location. Legal representatives are responsible for ensuring their clients’ compliance with the video requirement. Failure to do so may result in penalties assessed against counsel.

Lay Witnesses: All lay witnesses scheduled to testify in a virtual hearing must also appear by video. The party producing the witness, along with their legal representative, is responsible for ensuring the witness appears by video. Failure to comply may result in preclusion of the witness’s testimony and the imposition of penalties against the party or counsel.

Unrepresented Claimants: Unrepresented claimants are expected to appear and testify by video. In limited circumstances where a claimant does not have access to the necessary technology, the Board may permit testimony by telephone.

The Purpose Behind Virtual Hearing Updates

Virtual hearings have remained the primary format for Workers’ Compensation proceedings since the COVID-19 pandemic. Although video participation has been available, many parties continued to appear by telephone. The Board’s updated rules are intended to enhance the quality of testimony, improve communication, and promote the efficient administration of hearings.

How our Experienced Workers’ Compensation Attorneys Can Help

McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP works closely with clients to ensure they are fully prepared for virtual Workers’ Compensation hearings under the Board’s updated requirements. For over 70 years, we have represented injured across all industries in New York State. If you or a loved one has experienced a workplace injury and find yourself unable to return to work, MDASR is here to secure your rights and protect your future.

Contact (866) 557-7500 to schedule a FREE consultation, and we will help you get started today.