“The interpreter got things wrong.”

What you are entitled to

You are entitled to an interpreter at no cost — but the authority differs by setting, and so does the standard. The law covers medical treatment appointments and calls for a qualified interpreter (one who need not meet subdivision (f)’s certification requirements, but must meet the administrative director’s rules). The law requires a certified interpreter for a medical examination the employer or the Board requests. The law covers your deposition, and hearings are covered by the Board’s own interpreter rules.

Certified at examinations, depositions and hearings; qualified at treatment appointments. Not a bilingual employee, not a family member, and not a coworker. The requirements exist because legal and medical interpretation is a distinct skill — the law sets what qualifies at hearings and depositions, and 8 CCR § 9795.1.6 at treatment appointments and medical-legal exams.

You do not pay for it. You never pay for it.

Why a bad interpretation is worse than it sounds

Because the report is the case.

If the interpreter rendered “my back hurts when I bend” as “my back hurts sometimes,” that sentence is now the medical history. The next evaluator reads it. And the next. By the time anyone notices, three reports rest on it and correcting one does not correct the others.

Specific things that go wrong, repeatedly:

Mechanism of injury — how it happened, compressed or altered. Frequency and severity — “constant” and “sometimes” are different cases. Body parts — one dropped in interpretation is one missing from the claim. Prior injuries — a misunderstood question produces an answer that looks like concealment. Regional vocabulary. Spanish, Korean, Tagalog, Armenian, Vietnamese and Mandarin all carry regional differences, and an interpreter unfamiliar with yours will smooth over precisely the words you chose carefully.

What to do

Say it during the appointment if you can. “I don’t think that was interpreted correctly.” It is not rude and it is not unusual.

Write it down the same day — what was asked, what you actually said, and what you believe was conveyed. Dated.

Send it in writing to the claims administratorClaims administrator / adjuster The person handling your claim for the insurer or self-insured employer., and ask that a correction be sent to the evaluator.

Request a supplemental report. A factual correction to the history is the most common and most successful challenge to a medical-legal report, and it does not require litigating anything. How to challenge a report.

Ask for a different interpreter next time, by name if you know one who was good. You can request this.

And request the interpreter’s certification information. If they were not certified, that is a separate and serious problem.