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Workers Compensation in Hawaii

One moment, you’re focused on your job. The next, an injury leaves you in pain, unable to work, and worried about how you’ll pay your bills. Medical expenses, lost wages, and uncertainty about the future can feel overwhelming.

Fortunately, Hawaii’s workers’ compensation system is designed to help. If you’ve been hurt on the job, you may be entitled to benefits that cover medical care, wage replacement, and rehabilitation services—giving you the financial support you need to recover.

However, obtaining these benefits isn’t always as simple as it should be. Insurance companies may delay or deny claims, employers might challenge your case, and small filing errors can create unnecessary obstacles. Knowing how the process works can help ensure you get the compensation you deserve.

This guide breaks down workers’ compensation in Hawaii, the steps you should take after an injury, and how legal representation can protect your rights.

Workers Compensation Statistics in Hawaii

Workplace injuries are a reality for many Hawaii workers. In 2023, private-sector employers reported approximately 7,800 nonfatal workplace injuries and illnesses, with an incidence rate of 2.9 cases per 100 full-time employees—slightly above the national average.

Some industries in Hawaii report higher injury rates, including:

  • Construction: Falls, heavy equipment mishaps, and hazardous work conditions contribute to a 3.7 per 100 worker injury rate.
  • Healthcare and Social Assistance: Lifting injuries, patient handling, and exposure-related illnesses lead to an incidence rate of 4.3 per 100 workers.
  • Hospitality and Tourism: Restaurant, hotel, and service industry employees frequently suffer burns, strains, and slip-and-fall injuries.

The most common workplace injuries in Hawaii include:

  1. Overexertion: Often caused by lifting, pushing, or pulling heavy loads.
  2. Slips, Trips, and Falls: Frequently occurring in restaurants, hotels, and construction sites.
  3. Repetitive Stress Injuries: Including carpal tunnel syndrome and back injuries from physically demanding jobs.

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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