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Don’t let a language barrier keep you from workers’ comp benefits

On Behalf of | Jan 27, 2025 | Workers' Compensation |

If you’ve been injured on the job, you have the right to seek workers’ compensation benefits, regardless of the language you speak. In Virginia, as in other states, the workers’ compensation system is designed to protect all employees, including those who are not fluent in English. 

Unfortunately, a language barrier can make the process feel overwhelming and complicated, causing some workers to delay or avoid filing a claim. Don’t let language challenges prevent you from getting the benefits you deserve. With knowledgeable support, you can navigate the process effectively.

Virginia law requires the majority of employers to invest in workers’ compensation insurance coverage for employees who are injured or become ill due to their jobs. These benefits include coverage for medical treatment, wage replacement and compensation for permanent injuries. 

Importantly, your immigration status or language proficiency does not affect your right to these benefits. Employers and insurance companies are obligated to treat all workers fairly and provide the resources needed to process a claim. If you encounter language-related challenges, the law protects your ability to seek accommodations, such as translation services.

Overcoming language barriers

Unfortunately, workers with limited English proficiency may encounter bias or resistance from employers or insurance companies. Some employers might downplay your injury or discourage you from filing a claim. Others might fail to provide the necessary resources, making it harder for you to advocate for yourself.

The following are steps you can take to better ensure that a language barrier doesn’t interfere with your workers’ compensation claim:

  • Request a Translator: If you’re not fluent in English, ask for a translator or interpreter to assist during communications with your employer, healthcare providers or the Virginia Workers’ Compensation Commission. Many employers and agencies are required to provide these services to better ensure that you fully understand the process.
  • Understand the Deadlines: Language barriers should not delay your claim. In Virginia, you must report your workplace injury to your employer within 30 days and file a workers’ compensation claim within two years of the injury. A legal professional can help you navigate these deadlines.
  • Keep Detailed Records: Document everything related to your injury, including medical visits, conversations with your employer and any correspondence from the insurance company. Having these details translated, if necessary, ensures that nothing important is missed.

Finally, you’ll want to keep in mind that you don’t have to deal with these challenges alone. Seeking legal guidance is an opportunity that is always available to you. 

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