Workers' Compensation Rules
of the N.C. Industrial Commission

Revisions Effective 1 January 2011


ARTICLE VI. CONTESTED CASES

Rule 616
Foreign Language Interpreters

  1. Services of Foreign Language Interpreters Required. 

    When a person who does not speak or understand the English language is called to testify in a hearing, other than in an informal hearing conducted pursuant to N.C. Gen. Stat. §97-18.1, the person, whether a party or a witness, shall be assisted by a qualified foreign language interpreter.
     

  2. Qualifications of Interpreters. 

    To qualify as a foreign language interpreter, a person must possess sufficient experience and education, or a combination of experience and education, speaking and understanding English and the foreign language to be interpreted, to qualify as an expert witness pursuant to N.C. Gen. Stat. §1C-1, Rule 702. A person qualified as an interpreter under this Rule shall not be interested in the claim and must make a declaration under oath or affirmation to interpret accurately, truthfully and without any additions or deletions, all questions propounded to the witness and all responses thereto.
     

  3. Notice to Industrial Commission and Opposing Party of Need for Interpreter. 

    Any party who is unable to speak or understand English, or who intends to call as a witness a person who is unable to speak or understand English, shall so notify the Industrial Commission and the opposing party, in writing, not less than 21 days prior to the date of the hearing. The notice shall state with specificity the language(s) that must be interpreted for the Commission.
     

  4. Designation of Interpreter. 

    Upon receiving or giving the notice required in paragraph (3) of this Rule, the employer or insurer shall retain a qualified, disinterested interpreter, either agreed upon by the parties or approved by the Industrial Commission, to appear at the hearing and interpret the testimony of all persons for whom the notice in paragraph (3) has been given or received.
     

  5. Interpreter Fees. 

    The interpreter’s fee shall constitute a cost as contemplated by N.C. Gen. Stat. §97-80. A qualified interpreter who interprets testimony for the Industrial Commission shall be entitled to payment of the fee agreed upon by the interpreter and employer or insurer that retained the interpreter. Except in cases where a claim for compensation has been prosecuted without reasonable ground, the fee agreed upon by the interpreter and employer or insurer shall be paid by the employer or insurer. Where it is ultimately determined by the Commission that the request for an interpreter was unfounded, attendant costs may be assessed against the movant.
     

  6. Interpreter Ethics.

Foreign language interpreters shall abide by the code of ethical conduct for court interpreters promulgated by the North Carolina Administrative Office of the Courts and adopted by the Industrial Commission and shall interpret as word for word as is practicable, without editing, commenting, or summarizing, testimony or other communications.


Go to Workers' Compensation Rules Page


N.C. Industrial Commission · 4340 Mail Service Center · Raleigh, NC 27699-4340
Main Telephone: (919) 807-2500 · Fax: (919) 715-0282
NCIC Home Page: http://www.ic.nc.gov//