KEY TAKEAWAYS:
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Beginning Feb. 2, 2026, all claimants and lay witnesses must appear on video with their faces fully visible during virtual hearings.
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Employer witnesses need clear instructions, must test the virtual hearing system in advance, and ensure access to a device with a camera and stable high-speed internet.
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Technical issues will not excuse non-compliance.
Beginning Feb. 2, 2026, the NYS Workers’ Compensation Board will require all claimants and lay witnesses testifying in virtual hearings to appear on video with their faces fully visible on screen.
If an employer witness fails to appear by video to testify, it may result in preclusion of the witness and a penalty.
Employer witnesses will need to be thoroughly advised on the instructions and procedures for attending virtual hearings. Employer witnesses must test the virtual hearing system in advance to troubleshoot any potential issues.
A computer or mobile device with a camera and stable, high-speed internet is needed.
Employers will need to take extra steps to ensure that witnesses possess the technological means to attend the virtual hearing.
How to Join a Virtual Hearing
- Go to wcb.ny.gov/virtual-hearings
- Click “Attend Your Hearing” and enter your Hearing ID, name, and contact info
- Select “I’m a Witness/Other Participant”
- Choose “virtual” as your attendance method and accept terms
What this Means for You
Coordinating with employer witnesses in advance has always been important, and now even more so. We cannot count on a law judge giving us grace if an employer witness cannot appear on video due to technical difficulties or another reason. As such, ensuring that the witness will be available and can access the system is imperative to avoid adverse findings. If there are known issues with availability of a witness, please consult with us well in advance so that we can try and resolve them and avoid witness preclusion.
