Dear Clients,
We want to let you know of an important update from the New York State Workers’ Compensation Board (WCB) that affect how witnesses associated with your claims appear at virtual hearings beginning February 2, 2026.
What’s changing
- As of February 2, 2026, all claimants and lay witnesses testifying in WCB virtual hearings must appear by video with their faces fully visible on screen.
- Represented claimants must coordinate their appearance through their attorney or legal representative. Similarly, any party producing a lay witness must ensure the witness appears by video — failure to do so may result in witness preclusion and penalties against the party or counsel.
- While represented claimants/witnesses can join from the attorney’s office or another suitable location, the video-appearance requirement applies similarly across the board.
Why this matters
The WCB implemented this rule to ensure that all hearing participants can be seen and heard, enabling judges and opposing parties to assess demeanor, body language, and credibility more reliably — something that is difficult or impossible over a phone-only appearance.
What you should do now
- Confirm with all parties (claimants, witnesses, employees, carriers, TPAs) who may testify in virtual hearings that they have access to a device with video capability (camera + stable internet).
- Advise them to appear in a quiet, well-lit environment, with minimal distractions, and with their faces clearly visible.
- If you or a witness lack video capability, consider making alternative arrangements well in advance of hearing dates to avoid risk of preclusion or penalties.
- Any questions? Please contact us at concierge@jonesjonesllc.com. The team at Jones Jones LLC is ready to guide you through all litigation related questions.
Re: “Claimants and Witnesses Must Appear on Video When Testifying During Virtual Hearings” (effective February 2, 2026). Subject Number 046-1784
