Incomplete access in any non-English language in the state workers’ comp system

As Justice Mariano-Florentino Cuéllar noted in his recent column, successful access to justice for injured California workers is paramount to a successful California economy. ("Access to justice in any language," April 23). Unfortunately, non-English speaking injured workers get less than substantial justice in the state workers' compensation courts and state workers compensation medical-legal system. Non-English speakers' medical care and compensation is delayed by incomplete language access to the workers' compensation system.

Working Californians face medical and economic hardship when their medical and legal needs are delayed or unmet after a work injury. Injured workers that cannot readily access medical care and compensation often cannot return to work. This lack of language access creates a class of working Californians that can no longer contribute to the economic growth of California and the economic independence that those injured working Californians seek to regain.

Ready access for non-English speaking injured workers can only come through a dynamic and supportive court and medical-legal system. Presently, certified court interpreters appear at legal proceedings such as trials, hearings and depositions. Despite the benefit of a certified interpreter provided to the parties, the certified interpreter often is not paid in a reasonable time. Sometimes a certified interpreter will be paid two years later for services rendered. Non-payment of a certified interpreter chills the voices of injured working Californians. Injured workers' rights are diminished when a certified interpreter community is not timely paid because the interpreters face a daunting task to be paid for their necessary services that benefit the entire workers' compensation system and therefore the California economy.

Outside of the court system, in the medical-legal treatment and evaluation process, injured workers face a more precarious position. Often, no interpreter appears at medical examinations. Despite the California constitutional mandate that injured workers received substantial justice, substantial justice cannot be had when the needs of injured working Californians are neither understood nor communicated accurately to medical providers.

This attorney applauds the efforts of Justice Cuéllar. I was present at a Legal Aid Society conference when Justice Cuéllar spoke to the essence and core of justice stemming from language access to all courts. Thus, it would be necessary to substantial justice to survey the stakeholders in the state workers' Compensation system to improve the delivery of the Language Access Plan and justice to all working Californians who suffer a work injury.