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Lincoln, NE (WorkersCompensation.com) -- When someone needs an interpreter as part of a workers' compensation proceeding in Nebraska, how does the court make it happen? The chart below spells out the steps involved in securing an interpreter's services.
| Topics | Rules |
| When is an interpreter available? | The court shall appoint an interpreter in any legal proceeding in order to assist a person who cannot readily understand or communicate the English or spoken language. |
| How is a request for an interpreter made? | Any party needing an interpreter for a party or witness at any legal proceeding shall allege such need for an interpreter as a separate allegation in a pleading titled “Request for Interpreter” by identifying the party or witness expected to give testimony at the legal proceeding and affirmatively stating that such individual cannot readily understand or communicate the English or spoken language and the language spoken by the party or witness. If an interpreter is required, the Request for Interpreter shall be filed within 30 days after the filing of a petition, or as soon thereafter as the parties become aware of the need for an interpreter. |
| What are the employer's responsibilities? | The employer in the case shall arrange for the interpreter. At least 7 days prior to the legal proceeding, the employer shall file an affidavit affirming that the interpreter has been selected in accordance with the priorities for use of an interpreter as established in the Nebraska Supreme Court rules relating to court interpreters. The affidavit shall state the name of the interpreter selected and the date of the legal proceeding. The affidavit shall further state that the requested interpreter is (a) a certified or provisionally certified court interpreter, or (b) a registered, noncertified court interpreter, or (c) a nonregistered, noncertified interpreter who is otherwise competent to interpret in the courts. If the requested interpreter is a registered, noncertified court interpreter, the affidavit shall also state that the requesting party has made diligent efforts to obtain a certified or provisionally certified court interpreter and found none to be reasonably available. If the requested interpreter is a nonregistered, noncertified court interpreter, the affidavit shall state that the requesting party has made diligent efforts to obtain a certified, provisionally certified, or registered interpreter and found none to be reasonably available. Provided, however, in proceedings in which a Spanish interpreter is utilized, only a certified or registered interpreter shall be allowed. In proceedings in which a sign interpreter is utilized, only an interpreter awarded a Level I or Level II classification by the Nebraska Commission for the Deaf and Hard of Hearing shall be allowed. |
| How many interpreters will be provided? | For any single proceeding scheduled for 3 hours or more, two language interpreters shall be arranged for and appointed. For any single proceeding scheduled for more than 1 hour, two sign interpreters shall be arranged for and appointed. For any single proceeding lasting more than 2 hours, if two interpreters are not reasonably available, the interpreter must be given not less than a 10-minute break every 30 minutes. |
| What is required of interpreters? | Prior to appointment and before entering into his or her official duties, an interpreter shall take and subscribe to the oath for interpreters. |
| How do fees and expenses work for interpreters? | The fees and expenses of an interpreter appointed by the court shall be authorized by the judge before whom the proceeding takes place, in accordance with the Nebraska Supreme Court Interpreter Fee Schedule and Payment Policy. The interpreter shall complete the appropriate Statement for Payment of Interpreters form approved by the Supreme Court and shall submit the completed form to the judge before whom the proceeding takes place for authorization. |
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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