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Workers Compensation for Undocumented Workers, Part 3: Handling Challenging Claims

This is Part 3 of our series on workers’ compensation for undocumented immigrants. You can find links to the entire series here.

It is not unusual for undocumented workers to use a pseudonym, or false name, when seeking employment. In fact, it’s not unusual for several people to share the same pseudonym.

It’s important your attorney know if you used a pseudonym for employment or medical treatment. It could complicate your case, but it does not mean you are ineligible for workers’ compensation benefits for medical treatment.

Attorneys are ethically prohibited from including a false name on a Form 18, which is used to report a workplace injury to the N.C. Industrial Commission and the employer. That’s why it’s important that our clients tell us if they have used someone else’s name, birth date or documentation to get a job or medical care.

Sometimes, if a pseudonym is being used for medical treatment by multiple people, many health care providers will flag this as fraud and will not turn over the medical records. If they do release the records, questions can arise about whether medical treatment was obtained by the injured worker or someone else using the same name and birth date.

We have dealt with these issues before, and we’ve been successful in navigating the complications that arise when someone uses a psuedonym.

At the Deuterman Law Group, we pursue all avenues to obtain our clients’ complete and accurate medical records and other evidence necessary to litigate claims. We don’t just work the telephones or email; we have even driven to medical providers’ offices in the past to get the appropriate records!

Language barriers in Workers’ Comp Cases

As I mentioned earlier in this series, our workers’ compensation team speaks fluent Spanish, and they are uniquely qualified to cater to the Hispanic population.

Language and cultural barriers can cause lots of problems in workers’ compensation cases. It’s not unusual for these issues to lead to inaccurate reports in medical records, accident reports and other documents.

If that’s the situation in your case, don’t worry. All hope is not lost. When working with our Spanish-speaking clients, we take the time to ask about and investigate inaccuracies. Our goal is to find out how these inaccuracies happened and to find a logical explanation to preserve your claim.

All of our clients have the opportunity to meet with an attorney at the start of their claim. From the very beginning, we will address any immediate issues in the claim. We will go over basics of workers’ compensation and outline your responsibilities and ours throughout the claim. We don’t want you to be surprised by anything that happens as your case progresses.

As mentioned previously, one of the issues we will deal with when handling an undocumented worker’s claim is whether to disclose that person’s immigration status. Anything you tell your attorney or paralegal about your immigration status is confidential. You can read more about how immigration status affects a workers’ comp claim here.

Many insurance adjusters will ask the injured worker about their immigration status in a recorded statement. Many times, these interviews are conducted before the injured worker hires an attorney.

We recommend that injured workers do not participate in a recorded statement before talking to an attorney.

At the Deuterman Law Group, we take seriously our role as your advocate. We prepare our clients to make a recorded statement by telling them what to expect and informing them of common questions asked during these interviews.

Talking to an attorney before giving a recorded statement is especially important for injured workers who do not speak English.

While the insurance company should provide an interpreter, many adjusters will conduct the recorded statement in English. As you can imagine, this can cause all sorts of problems.

Even if an interpreter is provided, we don’t advise our clients to use the one hired by the insurance company.

When our clients are providing a recorded statement, we will also provide an interpreter from our office. It is not uncommon for an interpreter to have a different dialect and completely misinterpret something. An English speaker would not have someone filtering his responses, so we will not let the interpreter filter for our Spanish-speaking clients either.

Our attorneys actively participate when clients provide a recorded statement to an adjuster. We will object to issues with the interpreter and also to any questions about immigration status.

 

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