Having practiced Workers’ Compensation Law for more than 18 years, I firmly believe that the answer to this question is “No”, they do not want you to be represented by counsel.
Having seen almost two decades of administration by the Board, it is more than apparent that the New York State Workers’ Compensation Board would prefer uninformed, unrepresented claimants to be brushed through the system as quickly as possible. This would make the lives of the Board employees much easier as it would mean much less work for them. In reality, the Workers’ Compensation system, in my opinion, is more difficult to navigate than Supreme Court. For that reason, each and every injured worker should consult with an experience legal counsel before proceeding with your claim.
At the present time, the Workers’ Compensation Board has made its main objective cutting down on hearings. This means that the injured worker will likely not have the opportunity for his or her day in Court. Without hearings, it is impossible for injured workers to get their due process.
While some Board Administrators continue to try to find ways to discourage claimants from hiring counsel, many of our local Law Judges in the Albany District understand the day-to-day complexities of the system. Our Law Judges are very good and often recommend that unrepresented claimants speak with an attorney. By and large, they are respectful of the attorneys who practice before them and attempt to provide due process to both the injured worker and the liable employer.
Hopefully, the next Election Day will bring a new administration more respectful of due process and the shrinking legal rights of the injured worker. Until then, we continue to vigorously represent Workers’ Compensation claimants. Should you have questions about your claim, please feel free to contact our office.