Take Time To Listen and Observe

I had an interesting situation yesterday.  I had 2 men come in to meet with an attorney for a scheduled appointment.  I assumed the appointment was for the man who was visibly limping into the office appearing to be suffering from obvious leg pain.  Upon their departure, I was asked to schedule another appointment for him the following week.  I made the appointment and gave it to the man who had the obvious injury.  After some confusion, I learned that the appointment was to be for the man who spoke a little English – he had a shoulder injury and he was needing it reopened.

I asked the gentleman I scheduled the appointment for if he would interpret for a minute with his friend.  I learned that his friend was injured while working for a local fruit warehouse company and was just let go after they found out he was injured and illegal.  He went to the doctor (his employers doctors) and they said nothing was wrong with him and he was fine.  They did not do x-rays.  It was obvious he was injured, the man could not bend his knee or put full weight on his leg.  I could tell this man was in some pretty severe distress.

After a bit of prompting back and forth.I learned that his friend was illegally working in the US and is afraid to go to the doctor for fear of being arrested.  The employer put this fear in him when he went to the doctor.  I asked if he had any criminal history, he did not.  This man was so afraid, in so much pain, and obviously at rock bottom emotionally, literally scared to death not knowing what to do.  He now had no job, he couldn’t work, he had no money for an appointment, and his employer threatened to turn him into immigration.  I told his friend he needed to get him to the doctor today, he was injured and that the doctor wants to treat patients and will not ask about his legality being in the US.  I also explained that it is Washington State Law that if he is injured while working, the employer is required to have Washington State Industrial Insurance or be self insured to pay for the treatment of the injury, whether he was hired legally or not.  That burden is on the employer.   I suggested his friend take him to the walk-in clinic, make sure that he tells them he was injured at work  so they can bill the employer’s  self insured company, not the patient.  I asked him to let me know when he comes in next week to meet with Jeff what happened with his friend.  I had him tell his friend that if anything gets denied, to call us and if he doesn’t understand anything, call us, we have Spanish speaking attorneys available.  Jeff gave him the name of an employment law attorney to seek legal counsel in regard to him losing his job due to being injured.