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Workers Compensation in Hawaii

A workplace injury can disrupt more than just your day—it can upend your entire life. Suddenly, you’re dealing with medical bills, time off work, and the stress of wondering how you’ll make ends meet.

Fortunately, workers’ compensation gives you the support you need. From medical care to wage replacement, these benefits can help you focus on recovery instead of financial stress.

However, the process can be confusing, and handling disputes from your employer or insurer can delay or deny the benefits you need.

This guide breaks down how workers’ compensation works in Hawaii, the steps to take after an injury, and how an attorney can help you protect your rights every step of the way.

Workers Compensation Statistics in Hawaii

Injuries and illnesses on the job are a serious concern for Hawaii’s workforce. In 2023, private-sector employers in the state reported approximately 7,200 nonfatal workplace injuries and illnesses, resulting in an incidence rate of 2.8 cases per 100 full-time employees—higher than the national average of 2.4.

Certain industries in Hawaii are more prone to injuries than others. For example:

  • Construction: Reported an incidence rate of 4.1 cases per 100 employees due to physically demanding tasks and high-risk environments.
  • Healthcare and Social Assistance: Had an incidence rate of 3.9 cases per 100 workers, driven by the physically taxing nature of caregiving roles.

The most common injuries include overexertion, falls, and repetitive motion disorders. These types of injuries can lead to long-term disabilities, highlighting the importance of understanding workers’ compensation protections.

The financial cost of workplace injuries is equally significant. Nationwide, the average cost of a medically consulted injury is $42,000, a figure that underscores the importance of Hawaii’s workers’ compensation system as a financial safety net.

How Does Workers Comp Work in Hawaii?

Hawaii’s workers’ compensation system ensures employees who are injured or become ill due to their job receive financial and medical support. To qualify, the injury must arise out of and in the course of your employment. For instance, injuries sustained while performing your job duties, like lifting heavy materials, are typically covered.

Employers in Hawaii are required by law to carry workers’ compensation insurance, regardless of the size of their business. The benefits include:

  • Medical Benefits: Covers doctor visits, hospital stays, diagnostic testing, surgeries, and prescriptions.
  • Temporary Disability Benefits: Provides income replacement for lost wages, calculated at 66 2/3% of your average weekly wage, up to state maximums.
  • Permanent Disability Benefits: Offers compensation if your injury results in a lasting impairment.
  • Vocational Rehabilitation: Assistance with retraining or finding new employment if you cannot return to your previous role.
  • Death Benefits: Provides financial support to dependents, including funeral expenses, if an injury results in death.

In Hawaii, workers are eligible for benefits regardless of who was at fault. Wage replacement typically begins after a three-day waiting period and continues until your doctor determines you’ve reached maximum medical improvement (MMI) or you can return to work.

Get Medical Attention

Prompt medical attention is one of the most important steps you can take after a workplace injury. Not only does it ensure your health and safety, but it also creates a record linking your injury to your job, which is crucial for filing a workers’ compensation claim.

In Hawaii, your employer may require you to visit a specific doctor or clinic for your initial treatment. After this visit, you may choose your healthcare provider, as long as they are approved to handle workers’ compensation cases.

Even if the injury seems minor, it’s important to get it checked. Conditions like repetitive strain injuries or exposure-related illnesses may not show symptoms immediately but can worsen over time if untreated.

Keep a record of every medical visit, test, and treatment. These documents will be vital if your claim faces challenges or you need additional benefits later.

File a First Report of Injury

After seeking medical attention, the next step is to notify your employer about your injury. In Hawaii, you must inform your employer within 28 days of the incident. While this is the legal deadline, reporting the injury as soon as possible is always best to avoid delays.

Your employer must then file a WC-1 Employer’s Report of Industrial Injury with their insurance carrier and the Hawaii Department of Labor and Industrial Relations (DLIR). This report includes key details, such as:

  • The date and time of the injury.
  • The nature of the incident and resulting injuries.
  • Information about medical treatment received.

You may need to complete a WC-5 Employee’s Claim for Workers’ Compensation Benefits with a union representative or an attorney co-signer.

The insurance carrier will use this report to investigate your claim. Be prepared to provide additional details or clarify aspects of the incident if needed. Ensure your employer has submitted the report promptly, as delays can affect your benefits.

If an employee does not file for additional benefits within two years of receiving the last payment, that may result in a denial of the claim.

Why You Should Hire a Workers’ Compensation Lawyer

Navigating Hawaii’s workers’ compensation system can be challenging, especially if your claim is disputed or denied. Employers or insurers may question the validity of your injury, delay benefit payments, or attempt to minimize your compensation.

An experienced workers’ compensation attorney can help you avoid these pitfalls. A lawyer can:

  • Ensure all forms and documentation are completed accurately and submitted on time.
  • Negotiate with insurance carriers to secure fair compensation for medical care and wage replacement.
  • Represent you in disputes or hearings before the Hawaii DLIR.
  • Advocate for additional benefits, such as permanent disability or vocational rehabilitation, if necessary.

Legal support is especially critical if your injury leads to long-term medical needs or significant financial losses. An attorney can guide you through the process and fight for the benefits you deserve.

Work With an Experienced Local Lawyer in Hawaii

Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.

We can connect you with a local attorney or one across Hawaii state lines.

Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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