Addressing Language Barriers with State Certified Interpreters
Non-English-speaking injured workers in California’s Workers’ Compensation system often face unnecessary challenges due to the lack of state certified interpreters during critical stages of their cases. These challenges, highlighted by Language Access for Injured Workers (LAIW), significantly impact the integrity of medical-legal evaluations and the rights of injured workers. Ensuring compliance with interpreter certification standards is essential to uphold justice and fairness in the Workers’ Compensation system.
Certification Requirements for State Certified Interpreters
State certified interpreters, including Certified Medical Interpreters (CMIs), must meet rigorous standards. Certification requires passing both written and oral exams in specific languages such as Spanish, Russian, Korean, Cantonese, Mandarin, American Sign Language (ASL), and Vietnamese. California regulations mandate the use of fully certified interpreters in medical and legal settings.
Unfortunately, LAIW has reported that insurance carriers often send unvetted interpreters to medical-legal evaluations. These interpreters frequently lack proper credentials, ranging from holding only a preliminary Hub-CMI status to being untrained community members. While Hub-CMIs are on a pathway to full certification, their current qualifications are insufficient for medicolegal interpretation. Allowing them to act as interpreters in such settings undermines the process, much like permitting an intern to practice independently without a license.
Real-World Examples of Misrepresentation
A notable incident involved Carrie Catena, a fully certified National Board Certified Spanish Medical Interpreter, who encountered a Hub-CMI interpreter falsely claiming full certification at a Qualified Medical Evaluator (QME) office in Van Nuys. Ms. Catena intervened, clarified the interpreter’s credentials, and provided the necessary interpretation services. Similar occurrences in Simi Valley and Los Angeles demonstrate that the issue is widespread.
Implications for QMEs
The use of non-certified interpreters can have serious consequences:
- Miscommunication: Inaccurate interpretation can lead to misunderstandings, impacting the outcome of QME evaluations.
- Legal Non-Compliance: Using non-certified interpreters violates California regulations, potentially invalidating medical-legal reports.
- Compromised Rights: Injured workers’ rights to fair evaluations are undermined by unqualified interpreters.
- Professionalism Concerns: Misrepresentation of credentials distracts from evaluations, whereas professional interpreters facilitate effective communication.
Steps to Address the Issue
To combat these challenges, LAIW has engaged with various organizations, including the California Applicants’ Attorneys Association (CAAA) and the Division of Workers’ Compensation (DWC). Stakeholders can take the following steps:
Verify Credentials
Attorneys, QMEs, and their staff must verify interpreters’ credentials to ensure compliance and avoid the rejection of reports. Fully certified interpreters safeguard the integrity of evaluations and protect injured workers’ rights.
Raise Awareness
Educating legal and medical professionals about the differences between Hub-CMIs and fully certified interpreters can prevent the use of unqualified individuals and uphold system standards.
Advocate for Change
Stronger enforcement of certification regulations and advocacy for injured workers’ language rights are essential to maintaining fairness in California’s Workers’ Compensation system.
Addressing Rare Languages
In cases where certified interpreters are unavailable for rare languages such as Samoan or lesser-spoken dialects, thorough documentation is crucial. QMEs must ensure interpreters receive proper orientation and instructions to maintain evaluation accuracy. Interpreters should:
- Use first-person language and refrain from providing personal opinions.
- Avoid side conversations, ensuring all communication is transparent.
- Report non-verbal cues that may be significant to the evaluation.
- Simplify complex medical terminology when necessary.
Conclusion
Ensuring the use of state certified interpreters in medical-legal evaluations protects the rights of injured workers and upholds the credibility of the process. Attorneys, QMEs, and their management teams play a pivotal role in addressing this issue by being proactive and vigilant. Together, they can support equal access to justice and maintain the integrity of California’s Workers’ Compensation system.
For more updates on language access and workers’ rights, visit MedLegalNews.com. Explore our latest articles on maintaining compliance and supporting injured workers in California’s Workers’ Compensation system.
References
“Language Access for Injured Workers.” California Applicants’ Attorneys Association. Accessed July 31, 2024.
