Having an experienced, New York workers’ compensation lawyer representing you used to be a challenge in many parts of New York State. Now, no matter where you live in New York, if you get hurt at work, you can be represented by a topnotch, New York workers’ compensation lawyer. That’s because the New York State Workers’ Compensation Board now offers “virtual hearings” for injured workers. That means you can now have an experienced, New York workers’ compensation attorney representing you no matter where you live in the state, whether in Buffalo, Syracuse, Rochester or the Bronx.

The award-winning, New York workers’ compensation attorneys at Â鶹´«Ă˝ applaud this development. We believe this new system will benefit all injured workers. Our New York law firm has more than 80 years of experience representing injured workers throughout New York City and the Capital Region. Now, our venerable firm can offer legal advocacy to all injured workers in New York State, thanks to virtual workers’ compensation hearings.

Virtual hearings offer efficiency in workers’ compensation hearings

Traditionally, hearings with the New York State Workers’ Compensation Board required injured workers, attorneys, and other parties to travel and endure long wait times for hearings that sometimes lasted only a few minutes.

A new, innovative way for attorneys to represent clients is being implemented statewide, and in all district offices of the Workers’ Compensation Board. There are only a few exceptions – particularly hearing locations with technical challenges. They’re called “virtual hearings.” They allow parties involved in a workers’ compensation case – including attorneys – to attend a hearing at the New York Workers’ Compensation Board through a video conference.

Virtual hearings were initially piloted in the Capital District Office in Menands in November 2017. They are now available at all Board locations except for Newburgh and Allegany.

In parallel with the rollout of virtual hearings, the Workers’ Compensation Board no longer utilizes live hearing reporters to transcribe live hearings. Hearings will now be recorded digitally, which all parties may listen to after the hearing. Moreover, the recordings will not be transcribed into written minutes to be utilized by Law Judges or other parties unless an appeal is taken. Judges must now rely on the recordings during the decision-making process.

Virtual hearings app provides convenience

In addition to this new development, all parties may now attend hearings remotely through a free app implemented by the New York Workers’ Compensation Board. The WCB video hearing conference app is easy to use and can help guide users through the claims process. It allows multiple users from different locations to be logged on to the system at the same time. It’s the first of its kind, and developed in partnership with the Office of Information Technology Services. In addition, users can benefit from the following:

• Save a great deal of time simply by signing in electronically and have their information saved in the system for quick future access.
• Manage their hearing schedules or remove hearings that may have been entered incorrectly.
• Avoid long-distance traveling for hearings that may only be a few minutes long.
• Speed up the claims process.
• They can still use other apps on their devices while waiting for a hearing and will receive an alert when it’s time to join a hearing.
• Injured workers may save money on some attorney fees.

This new technology was announced in January 2019 by the Board Chair Clarissa M. Rodriguez. “This will help injured workers not just here in New York, but in other parts of the country as well, by removing the burden of travel, which can be treacherous this time of year,” she said in a statement.

The WCB VHC app not only benefits injured workers but frees up a great deal of time for workers’ compensation law firms. Historically, attorneys in New York State had to spend large amounts of time traveling and attending hearings. By utilizing the app, workers’ compensation attorneys can now focus their time and attention on representing injured workers throughout New York State.

How workers’ compensation virtual hearings work

How do you know if you’re eligible for a virtual hearing? When you receive your , you will see “Virtual Hearing Available” on the lower left side of the page, just above your hearing ID.

You may attend a virtual hearing by either using the app or by taking the following steps:

1. Enter your personal information such as your hearing ID, first name, last name, and email address, then select continue
2. Select your role in the hearing
3. Wait until your hearing is called

Requests for Digital Audio Recordings of the hearings can be requested by eligible parties by emailing DARMinutes@wcb.ny.gov. You must provide the claimant’s name, the WCB case number, and the hearing date. Requests can only be made by the following people:

• Parties of interest in the case
• Parties deemed by WCB to be eligible for access
• Parties named in WCL complaint authorization

In order to request a recording, you must provide the following:

• WCB case number
• Last 4 digits of Claimant’s social security number
• The carrier case number
• The date the injury occurred
• Attorneys must provide date of retainer

In order to access a Digital Audio Recording, parties of interest must utilize the Free Liberty Court Player, which can be downloaded .

You may find more information regarding NYS Workers’ Compensation Board virtual hearings .

Have any questions? Contact our law firm today

If you have any questions regarding your workers’ compensation case, or need to file a claim, contact our law firm to discuss the details of your case. The esteemed attorneys at Â鶹´«Ă˝ have decades of experience and we would be honored to represent you, no matter where you live in New York State.

Our New York City workers compensation law firm has years of experience handling these cases. We help people who have been injured at work navigate the system. Below, we share some of our insights into the workers compensation process.

If you don't see your specific question listed below, don't panic. Simply contact us. And if you're ready to get help with your claim, we're ready to help you. Schedule a free evaluation with us at one of our 12 offices in New York.

• How much time do I have to file my workers comp claim?
• Where do I file my workers comp claim in New York?
• Do I have to notify my employer that I'm filing for workers compensation?
• What forms do I need to fill out to obtain workers compensation benefits?
• Can I fill out my workers compensation claim form online?
• Can I file my workers compensation claim in person?
• Do I need to see a doctor before I can file for workers compensation?
• Am I eligible for workers comp benefits in New York if I live in another state?
• Can I file a claim for a loved one who's injured?
• Can a lawyer help me file a workers compensation claim?

How much time do I have to file my workers comp claim?

From the time of your injury or the date when your medical condition was first diagnosed, you have 2 years to file your claim under New York State law. If you are not sure if your injury meets these time requirements, contact our law firm.

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Where do I file my workers comp claim in New York?

The New York State Workers' Compensation Board handles all workers compensation claims. You should file your claim with this board. You can learn more about the claim process by or contacting us 24 hours a day at 1-800-692-3717.

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Do I have to notify my employer that I'm filing for workers compensation?

Yes. Even if you're dealing directly with the NY Workers' Compensation Board, you still need to tell your employer that you have a workplace-related injury. You have 30 days to notify your employer in writing that you sustained a workplace-related injury. If you do not tell your employer within 30 days, you could jeopardize the outcome of your claim.

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What forms do I need to fill out to obtain workers compensation benefits?

You will need to file a C-3 form with the New York Workers' Compensation Board. This 2-page-long form might seem straightforward. But if you do not fill out this form exactly right, you claim could be denied. That's why it's critical that you consult with us. We can help you complete your form and get the medical care you need to get better.

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Can I fill out my workers compensation claim form online?

Yes. The NYS Workers' Compensation Board has a website where injured workers can file a claim online. However, it's important to remember that your online form must be completed exactly right. Otherwise, you claim could be denied and you won't receive the compensation you deserve for your injury.

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Can I file my workers compensation claim in person?

Yes. The Compensation Board has several offices throughout the state. In New York City, there are three offices - Manhattan, Brooklyn and Queens. However, we strongly advise you to contact our law firm before you submit your claim form. We can explain how to fill out your form and guide you through the process, one step at a time.

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Do I need to see a doctor before I can file for workers compensation?

No. But we strongly advise our clients to seek medical attention right away for several reasons. First, your health matters most. If you were hurt on the job, you should see a doctor right away. Second, you might have trouble obtaining benefits if you don't see a doctor. The Compensation Board might question just how seriously you're injured if you haven't sought medical attention.

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Am I eligible for workers comp benefits in New York if I live in another state?

Yes. Even if you live in New Jersey, Connecticut or another state, you can still receive workers compensation benefits from New York if you were injured while working in New York. You could even be eligible for NYS workers' compensation benefits if you live in another state and your accident happened outside of New York, especially if your company is based in New York. Confused? Not sure if you're eligible? Simply contact us.

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Can I file a claim for a loved one who's injured?

Yes. If your spouse or another loved one is injured and cannot physically fill out the form, you can file a claim on their behalf.

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Can a lawyer help me file a workers compensation claim?

Yes. That's what we do every day. We help injured workers throughout New York get the benefits they deserve. We know how to fill out all the necessary forms. We know what information the NYS Workers' Compensation Board is looking for when people apply for benefits. You have too much at stake after your accident. Simply contact our law firm. We can help you get the benefits you need to get your life back on track.

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David Wichs, 38, was standing next to a parked car when the crawler crane came hurtling to the ground, crushing him to death. Three others were injured by debris that fell to the sidewalk during the collapse.

As devastating as the accident was, it's somewhat incredible that only one person was killed. The collapse occurred as construction workers were lowering the crane into a secure position due to high winds and keeping pedestrians and traffic away from the area.

According to the federal Occupational Safety & Health Administration, crane collapses have caused at least 21 deaths since 2006 - including one collapse that killed six construction workers in Manhattan in March 2008.

And cranes are far from the only hazards to be blown over at construction sites. For instance, in March 2014, two steel columns and several joists fell at a site in Linden, New Jersey, injuring three workers.

With the construction boom in New York in recent years, these sorts of accidents are a significant concern in Manhattan and throughout the five boroughs. Since 2008, the city has responded by stepping up inspections and holding companies accountable when their negligence puts workers and bystanders at risk.

Weather-related accidents lead to personal injury, workers' compensation claims

Inclement weather plays a role in many construction accidents in New York and across the country. From a legal perspective, the matter of compensation often comes down to whether site managers and workers took reasonable steps to maintain a safe environment in light of the weather.

In this particular case, it's unclear whether there was any negligence on the part of the crane's owner, Bay Crane, or its operator, Galasso Trucking. The crane's manufacturer required that it be moved to a secure position when the winds reached 25 miles per hour, and the accident occurred as the construction workers were doing just that. What's unclear is whether the crane should have been secured sooner.

Injuries involving crane collapses and other construction accidents can fall under several areas of law, depending on the circumstances. When construction workers are hurt, their injuries should be paid for by way of workers' compensation. When a bystander is injured or killed - as in the case of David Wichs and the other three pedestrians injured - a personal injury or wrongful death claim can be fired.

Multiple parties can be held liable for such accidents, making them legally complex. For instance, if a design flaw in the crane itself caused the collapse, the manufacturer may be held liable via a product liability claim. If the crane was poorly maintained, the owner might be liable for the injuries. And if the accident was caused by negligence on the part of the construction crew, a foreperson or operator might be held liable.

Some crane accidents in New York are also affected by Labor Law 240 - the somewhat controversial "scaffold law" - which holds property owners, employers and contractors strictly liable for gravity-related injuries that happen on the job.

Over the past several years, deaths at construction sites in the city have increased at a rate far exceeding the rate of new construction, according to a . The cited culprits for those accidents are poor supervision and lack of basic safety steps to prevent falls.

Because accidents involving cranes and other construction accidents can be so complex, our law firm always takes a thorough, comprehensive approach to investigating them. A review of the documents and other evidence surrounding an accident can reveal whether fault rested on a site foreman, construction company, operator, equipment manufacturer or - often - a combination of several parties.

Depending on the circumstances of the accident, compensation for injuries may be covered under a workers' compensation claim or a personal injury claim. At Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, we handle both types of cases. When we represent someone injured in a crane accident, our legal team will pursue every reasonable option to bring him or her the compensation needed to move forward.