Asch Workers' Comp StrategyNew NYS Workers’ Compensation Virtual Hearing Rule: Claimants & Lay Witnesses Must Testify by Video Starting February 2, 2026
Source: NYS Workers’ Compensation Board Bulletin (December 9, 2025)
Subject #: 046-1784
The New York State Workers’ Compensation Board (WCB) has announced an important procedural change impacting testimony in virtual hearings. Beginning February 2, 2026, the WCB will require all claimants and lay witnesses who are testifying at virtual hearings to appear by video, with their faces fully visible on screen.
This new policy is intended to improve the integrity and effectiveness of virtual hearings by ensuring that decision-makers and parties can observe demeanor, body language, and facial expressions when testimony is presented. This update has direct implications for employers, carriers, TPAs, and counsel — particularly regarding witness preparation, scheduling, and compliance.
What’s Changing on February 2, 2026
Claimants who testify must appear by video
Under the new rule, any claimant testifying in a virtual hearing must appear by video and must be clearly visible on screen.
If the claimant is represented, they may testify:
from the office of their attorney or legal representative, or
from another location (such as home),
But the claimant’s attorney/legal representative is responsible for ensuring the claimant appears and testifies by video. Importantly, the WCB warns that failure to ensure a represented claimant testifies by video may result in a penalty being assessed against counsel.
Lay Witnesses Must Also Appear by Video
The video requirement also applies to all lay witnesses scheduled to testify in a WCB virtual hearing. The party producing the witness and their attorney/legal representative are responsible for ensuring compliance.
If the witness does not appear and testify by video, the WCB may impose consequences including:
preclusion of the witness, and
a penalty assessed against the party or counsel.
This is particularly significant for employers and carriers relying on testimony from supervisors, co-workers, HR representatives, safety managers, payroll witnesses, and other non-medical witnesses.
Unrepresented Claimants Must Appear by Video
The WCB’s bulletin makes clear that unrepresented claimants who testify are also required to appear by video. Only in rare instances, where an unrepresented claimant does not have access to the necessary technology, may the WCB permit that claimant to testify by telephone.
When the Notice Language Starts: January 8, 2026
Although the rule becomes effective February 2, 2026, the WCB will begin reflecting this requirement in hearing notices starting January 8, 2026.
As a practical matter, this means parties should treat January 2026 as the preparation window for ensuring witnesses can comply.
If the Claimant Is Not Testifying
The WCB clarified that if a claimant is not scheduled to testify at a virtual hearing, appearance by video is encouraged, but not required.
Why the WCB Is Implementing This Rule
According to the WCB, virtual hearings have been part of the system since 2018 and became essential during the COVID-19 period. Today, virtual hearings remain the standard format for most workers’ compensation proceedings.
The Board’s concern is that many claimants and lay witnesses continue to appear by telephone only, limiting the effectiveness of testimony. The WCB emphasized that requiring video testimony is “crucially important” because it allows the hearing participants to hear and see each witness, observe demeanor and nonverbal communication, and improve overall communication and hearing quality.
Reminders: Virtual Hearing Etiquette and Expectations
Along with the new requirement, the WCB reiterated expectations for professional hearing conduct, including:
Civility and professionalism: All hearings are formal legal proceedings, and parties must conduct themselves respectfully.
Appropriate location: Participants should appear from a quiet, distraction-free environment.
Appropriate attire: Claimants should dress as they would for an in-person hearing.
Stable camera setup: If appearing by mobile device, the WCB recommends using a tripod or stable setup so the participant remains visible and engaged throughout testimony.
The WCB notes that additional guidance is available in the Virtual Hearings Guide for Claimants.
Practical Impact for Employers, Carriers, and TPAs
This new rule is more than a technical requirement — it may create real procedural risks if compliance is overlooked.
Key recommendations:
Confirm witness technology early (camera access, device capability, internet connection).
Run a video test before the hearing date (especially for employer witnesses).
Avoid last-minute witness substitutions that may introduce compliance issues.
Prepare witnesses for “on camera” testimony, including demeanor, setting, and visibility.
Coordinate with counsel/TPA to ensure all testifying witnesses are instructed properly.
The WCB has expressly tied noncompliance to penalties and possible preclusion, which means avoidable tech failures can become substantive litigation problems.