By Donna Motley
Vice President of Claims

Over the years, our office has received claims involving injured workers who do not speak English, or at best, very limited English. We have been asked “how” we handle these situations. If at all possible, we first inquire whether or not the injured worker has a spouse, significant other, child or other relative that would be able to step in as a translator/interpreter for us. Most injured workers would be most comfortable with a family member intervening. Some employers may have a co-employee facilitate the translation/interpretation process. If a family member or coemployee is not available, we have to hire an outside, professional interpreter. While there may be a couple of Nurse Case Managers that we hire that are “knowledgeable” with a specific language, they cannot act as a formal interpreter. They, obviously, are hired by MTMIC to aid the injured worker and facilitate medical treatment, and as such, are paid by MTMIC and may not be seen as being “impartial”. Translators and interpreters should be certified and/or degreed in the vocation.

Depending on the language and specific dialect, there are a few (very few) physicians that may speak the injured worker’s language, and depending on the injury, we will attempt to direct the injured worker’s care to said physician. In a lot of instances, the injured worker also seems to feel more comfortable, and understandably so, in the care of a doctor with which they can comfortably converse.

Finding language specific interpreters is not an easy task compounded by the fact we insure employers all over the State of Michigan. Sometimes, we may only be able to arrange the interpreter via tele-conference or maybe a zoom call. These calls have to be arranged to fit the time schedule of the treating physician and Nurse Case Managers. I’m sure everyone is aware how “timely” or “untimely” a medical appointment can be. And obviously, there is a cost attached to the process.

What can really become an issue is, if/when a claim becomes litigated. Michigan Workers’ Compensation is a No-Fault State, but in cases of untimely or delayed reporting, not treating with the employer’s assigned Occupational Clinic, returning to work with or without restrictions, etc. the Court will question if the injured worker was properly informed of the companies’ policies and procedures, training and safety programs, etc. Workers’ Compensation is No-Fault, but a third party suit or intentional tort litigation are NOT! Workers’ Compensation litigation is only heard before a Magistrate. Third Party and Intentional Tort cases are tried before a jury – a jury of “peers”.

Ultimately, the goal is to properly treat the injured worker without delay, have them recover and safely return to work. Not being able to understand the recovery process, or to be able to ask questions, would definitely heighten everyone’s anxiety level.