Workers Compensation in Hawaii

You aren’t alone if you wonder how workers comp works. Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Hawaii state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Hawaii workers’ compensation insurance and how the process works.

Workers Compensation Statistics in Hawaii?

The latest data from the U.S. Bureau of Labor Statistics states that the number of injuries reported by private companies increased by 5.4% in Hawaii. Sprains, strains, and tears represent 33% of the reported accidents, followed by cuts and lacerations at 17.8%. The construction industry alone saw an alarming 72.7% increase in these injuries, and contact with equipment expanded by 20%. Even the state’s famous leisure and hospitality companies experienced a 2.5% increase in incidents.

How Does Workers Comp Work in Hawaii?

There is a standard practice to follow when going through the Hawaii workers’ compensation process. Unfortunately, it begins with you getting sick or injured on the job. The circumstances surrounding the incident that led to the injury are especially crucial. The injury had to occur during the course of your regular work duties. It could also occur while you were performing a special task at the request of your boss. 

Hawaii requires most employers to have workers’ compensation insurance. It’s crucial to know that sole proprietors, business partners, and any corporate officer with at least 50% ownership of the business can take exemptions. The Disability Compensation Division gives ⅔ of a worker’s average weekly pay. Beneficiaries also receive reimbursement for medical bills, temporary or permanent disability, rehabilitation, and disfigurement payments for post-surgery scarring.

The steps you take immediately following a workplace incident in Hawaii are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.

Get Medical Attention

After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a Hawaii healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process.

Even if you believe that your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This is the first step in the workers’ compensation claim process. Absent a medical report, your employer cannot file a claim with the insurance carrier.

When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. All of your medical records will become the foundation from which the workers’ comp carrier will launch its investigation. Your doctor may make the determination that the illness is the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.

File a First Report of Injury

Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer. This is the next important phase of how Hawaii workers comp works.

Hawaii gives employees injured on the job two years from the date of disability or five years after the accident to apply for workers’ compensation. Any attempts to obtain benefits after that time will likely result in a denial. After seeking medical attention, report the injury to your employer. Companies have seven working days to file an Employer’s Report of Industrial Injury. 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 first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to submit a copy of the doctor’s report  with the report of injury.

Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event. 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

In learning how Hawaii workers comp works, many people believe that the injury claims process is straightforward. While this may be the case in some instances, in others, it may be more of a hassle. For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to call into question the extent of your injury. There may even arise pay disputes and long-term care dictated by the doctor. Don’t question how workers comp works and risk losing your claim. Hire a Hawaii workers’ comp lawyer and ensure you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer in Hawaii

Your health and wellbeing 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. Since the workers’ compensation claims process may be tricky, you should consider getting a local attorney well versed in how to deal with it. We can even help you connect with an attorney across Hawaii state lines. They can guide you while you continue to learn how workers comp works.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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