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By Cecil Rudd, Director of Claims
New Mexico Mutual Group
Headlines in newspapers and business periodicals from coast to coast are reporting ongoing developments of the financial impact of legal and illegal immigrants becoming part of the workforce. These reports measure varying facets of the problem, from the social impact to the implications of unemployment to the job market to financial markets.
On one hand, immigrants from impoverished nations come to the US to earn a piece of the prize…the good life in a land where anything is possible. Despite evidence of higher education and credentials, they are willing to accept almost any job for very low wages with the hope that they can make a new life for themselves and their families. Often, these individuals willingly accept employment in jobs that most reject. Ironically, some who feel threatened by these intruders complain bitterly about losing jobs to this segment of the market while refusing to do the work they complain about losing!
On the other hand, illegal aliens flood our borders, the latest reports count 11 million and climbing, looking for the same dream. In either case, the focus is on securing a safe place to live and to find fruitful employment. In both cases, providing the right documents and establishing a formal record is problematic. For the purposes of this article, we will focus not so much on the methodology applied to securing employment, but rather turn our attention to the obstacles a claim professional faces in adjudicating a claim when a language barrier exists between the claim rep and the injured worker.
Imagine you are the claims professional interacting with a supervisor from a manufacturing plant where the secondary language is English. You are charged with getting the facts and managing the work-related injury claim…just like any other workers’ compensation claim. What do you do? Who can you call to help communicate with the supervisor or the injured worker? How can you be sure you are getting your message across? Are you getting the facts straight?
One tenet of workers’ compensation coverage is that you “take the employee as you see him/her.” In my example, that means you, the claims professional, must find a way to overcome the language barrier that exists between you and the injured worker. You will spend more time on that one file than you might on three or more routine losses that you encounter. On top of that, results from other team members who are not responsible for losses where language is a barrier might experience better overall results in the objective measures that were set for your department. Your performance could suffer for having taken on these claims.
Some companies try to isolate these “language” losses into one specific area. They try to designate specific claim professionals to handle these losses. A problem with this approach is that the staff required for this work cannot carry a normal claim load. Normal exchanges of information that occur on typical claims take much longer to explain when the claim professional and the claimant are not communicating clearly.
Some companies choose to disperse “language” losses among the entire staff. In this example, the claims professional gets assigned whatever crosses his/her desk. The balance of this article is intended to address concerns either company example might encounter. So, let’s get started!
Issues of trust intrude upon the claims management process as the injured worker wrestles with whether he/she can trust someone unseen and with whom there has been no previous contact. The language barrier goes far beyond the matter of language and settles more in the realm of the injured worker’s culture. As one attempts to maneuver through all the intricacies of claims management, the claims professional must strive to understand the context of the culture from which the injured worker came in order to overcome matters of mistrust. This often leads to explaining coverage and benefit matters to more than one person just to assure that the message has been properly delivered.
Now the process of understanding what instruction has been given begins. Does the injured worker understand the concepts of medical benefits, temporary total disability benefits, impairment ratings, light duty work, etc…? How can you illustrate what these concepts mean? Are you willing to take the time to teach these concepts to the worker? You will save time and lower frustration levels on both sides of the claim if you will try to spend time educating the worker. If the injured worker misunderstands the instruction, the likelihood of resistance becomes greater and the probability of a favorable outcome diminishes.
From our lofty perch, here in the Southwest, I would like to offer a few suggestions for overcoming the language and cultural barrier I have just attempted to describe. First, when the claim is reported, please take the time you need to understand the business environment where the loss occurred. By this, I mean for you to avail yourself of as much underwriting and loss control information as you can find to become completely conversant in the business end of the claim. Second, make every effort to associate your calls to the injured worker in such a way that your representation of the carrier and the employer is absolutely clear to the people who have immediate contact with the injured worker. If you discover that a language barrier exists, make every effort to communicate with the injured person face to face. If you have access to a local family member who has some understanding of our language, engage them immediately so the injured worker can look to this party for advice and comfort. If you cannot make contact with an immediate family member who can act as an intermediary, seek someone at the employer’s place of business to fill that role. If you cannot find a suitable party at the employer’s place of business, and then seek someone in the local community to assist you in communicating with the injured worker. Finally, most of the local long distance carriers offer interpreters for some; more common language needs…Spanish, Russian, and Japanese.
The intent of the article is to illuminate a need in the marketplace and to offer a few limited suggestions for how your company might meet the need. Space is too limited in this newsletter to offer exhaustive instruction. However, our hope is that you have gleaned an idea, or two, to assist you on your journey. At the end of the day, it is up to the claims professional to find a way to communicate with the injured party, no matter how problematic the barrier may appear. The true claims professional will find a way to communicate with professionalism and grace. Good luck.
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