Hawaii Workers Comp Laws
Hawaii Workmans Comp - Compensation Law and Attorneys
Hawaii workers comp is administered by the Department of Labor and Industrial Relations with offices in Honolulu, Hilo, Kealakekua, Wailuku and Lihue. The law protects injured workers by providing partial compensation for lost wages and coverage for medical expenses. Employers are required to provide specific benefits and employees are prohibited from suing employers for injuries in the workplace.
Summary of Workers Compensation in Hawaii
- Most employers with one or more employees are required to carry coverage for employees
- Employers must not charge workers nor deduct frm paychecks for workers comp insurance costs
- A summary of benefit rights, the claims process and other information must be posted in the workplace
- When employers learn of a workplace injury, they must provide the "Hawaii Workers' Compensation Law" brochure to the injured worker within three working days
- Injured workers have the right to select the doctor they will see for treatment
- Dependents of workers killed on the job are eligible for benefit payments
If you have been injured at work in Hawaii, you need to notify your supervisor and employer immediately. Include the date, time and details for the incident. Subsequently, your employer should submit an "Employer's Report of Industrial Injury" (WC-1)" to the Division within seven working days. If your employer does not file the WC-1 form you can contact the Department of Labor and Industrial Relations for assistance.
Workers Comp Benefit Types
- Temporary Total Disability (TTD) - Workers that are injured and disabled for a temporary period of time are eligible for temporary wage loss benefits. The amount is set at 66 2/3% of the workers average gross weekly pay prior to the incident. This amount is subject to a maximum weekly benefit defined each year by the Division
- Permanent Partial Disability (PPD) - Some workers will have partial permanent impairments after reaching the state of maximum medical recovery. A doctor will evaluate your condition and the amount of PPD benefits are set based on the evaluation. PPD is a benefit eligible employees may continue to receive even after returning to work
- Permanent Total Disability (PTD) - Workers that are permanently and completely unable to do any work are eligible for PTD benefits.
- Death Benefits - dependents of workers that die because of accidents at work are eligible for benefit payments. They are also eligible for coverage for funeral expenses as well as burial expenses up to set maximum rates
- Vocational Rehab - If a worker is unable to return to their typical line of work because of an injury on the job, they may be eligible for vocational rehab. Employers insurance carriers have the ability to contest workers rights to these services.
Workers comp law in Hawaii does not require workers that file claims to hire attorneys. Workers have the right to represent themselves during the claim process. However, the laws are relatively complex and there are numerous rights as well as responsibilities to understand. It may be in the workers best interest to have the advice of an attorney with experience. If you decide to hire an attorney, that attorney should send a Letter of Representation to the Division. Fees must be approved by the Division and they are generally deducted from any compensation benefits or settlement awarded to the worker.