What Is California Labor Code §5811: Interpreter Rights at WCAB Hearings?

No fees shall be charged by the clerk of any court for the performance of any official service required by this division, except for the docketing of awards as judgments and for certified copies of transcripts thereof. In all proceedings under this division before the appeals board, costs as between the parties may be allowed by the appeals board.

What does Labor Code 5811 require for non-English-speaking workers?

Labor Code 5811 guarantees every non-English-speaking injured worker a qualified interpreter at WCAB hearings, depositions, and medical-legal exams, paid by the defendant, at no cost to the worker.

Labor Code 5811 covers litigation costs. Under WCAB rules, interpreter fees are a litigation expense. A non-English-speaking worker has the right to a qualified interpreter. The interpreter appears at every hearing, deposition, and QME exam. The defendant pays. The worker pays nothing. Yazdchi Law enforces this right on every bilingual file.

Who pays for the interpreter under Labor Code 5811?

The defendant, meaning the workers' comp insurer or self-insured employer, pays the interpreter fee as a litigation expense. The injured worker cannot be billed for interpretation services at any point in the case.

The interpreter cost is treated like other litigation expenses. It is similar to medical records fees and QME evaluation costs. The defendant cannot deduct the fee from the worker's settlement. The worker's recovery is not reduced.

What languages does Labor Code 5811 cover?

Labor Code 5811 covers every language spoken by California injured workers. Spanish is most common. Many other languages are also requested throughout Los Angeles and the Antelope Valley.

The right applies to every language. The DWC maintains lists of qualified interpreters by region and language. The interpreter must be qualified. State Personnel Board certification is the typical standard. Other qualified interpreters are also accepted. The right is independent of immigration status under Labor Code 3351.

When does the Labor Code 5811 interpreter appear?

The interpreter appears at WCAB hearings before a workers' comp judge, at depositions conducted by defense counsel, and at QME or AME medical-legal examinations under Labor Code 4062.2.

The interpreter covers every proceeding. MSC hearings, trials, and lien hearings at the WCAB are all covered. Depositions of the injured worker are covered. The full QME or AME exam under Labor Code 4062.2 is covered. A QME report from an exam with no proper interpreter can harm the PD rating. That report often drives the full PD value.

What happens if the interpreter is denied or not qualified?

The worker's attorney can object and demand the proceeding be continued. The WCAB judge can stop the hearing, reschedule with a qualified interpreter, and sanction the party responsible for the denial.

A denial may support a 25% penalty under Labor Code 5814 for unreasonable delay of benefits. A deposition taken without a proper interpreter can be struck. Labor Code 5811 is among the most strictly enforced protections in California comp. Violations draw WCAB sanctions.

Related: California undocumented-worker pillar · Labor Code 3351 explainer.

Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California. Yazdchi Law serves injured workers throughout Greater Los Angeles. We appear at the WCAB in Van Nuys, Los Angeles, Long Beach, Pomona, San Bernardino, Riverside, and Oxnard. Call (661) 273-1780 for a free case review.