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Almost every private business in California has to participate in the state’s workers’ compensation program. Direct-hire employees have protection from medical expenses and coverage for lost wages if they get hurt on the job or diagnosed with an illness caused by their employment.
Businesses receive indemnification, meaning that workers generally can’t file lawsuits due to medical issues caused by their employment. Unfortunately, many of the people who need workers’ compensation protection the most find the system overwhelming and difficult to navigate.
A language barrier when English is not an employee’s first language can make it more difficult for them to pursue benefits and may leave them more at risk of complications as they file claims. What do workers with a language barrier need to know about their rights?
Translation services are available
English is a difficult language to master. Even people who have lived in the United States for years may have a difficult time effectively communicating in English about complicated matters.
Thankfully, there are state rules that help ensure that injured employees can receive appropriate translation services. Workers have the right to translation services during hearings and other key meetings related to their workers’ compensation claims.
They also have the right to translation services at medical facilities while receiving care or undergoing evaluations. Professionals in need of workers’ compensation benefits should have access to translation support in a language of their choosing at no cost to them in most cases.
Immigration status is not a factor
Frequently, there may be concerns about immigration matters when seeking workers’ compensation benefits. Those who have only been in the country for a few years and those with work visas may fear that an injury could result in their removal from the country or the loss of their visa.
Undocumented workers might believe they have no right to file a claim for benefits. Legal immigration status has no impact on an employee’s eligibility for workers’ compensation benefits. Additionally, employers should not retaliate against workers for filing claims, requesting medical leave or seeking accommodations to continue working.
Professionals dealing with unfair claims denials, misinformation and manipulation worsened by a language barrier may need support. Partnering with a workers’ compensation lawyer can help injured employees understand their rights and pursue the benefits they deserve after getting hurt or sickened as a result of their employment.