Workers' Compensation: Hawaii
Federal law and guidance on this subject should be reviewed together with this section.
Author: Nicole Farley, Fisher Phillips.
- Most employers are required to carry workers' compensation insurance. The coverage may be obtained from a private insurance company or via self-insurance. Covered employers are required to post a printed statement concerning benefit rights in the workplace. See Covered Employers.
- Workers must meet the minimum definition of employee in order to be eligible for benefits. Independent contractors are excluded from coverage. See Covered Employees.
- Hawaii's workers' compensation system is a no-fault system, meaning an employer must compensate an employee who is injured or becomes ill on the job due to the performance of the employee's job duties, regardless of who is at fault. See Compensable Injuries.
- By law, employers may have certain defenses to workers' compensation claims, including self-inflicted injuries, employee misconduct, employee intoxication, and injuries sustained during a commute. See Employer Defenses to Workers' Compensation Claims.
- Injured employees may be treated by a physician of their choice. The employer, however, may demand that the injured worker be examined by a designated physician. A claim may be suspended if the injured worker refuses to accept some medical services. See Medical Benefits.
- In addition to paying for medical costs associated with work-related injuries, workers' compensation also provides payment in the form of wage replacement other benefits. See Other Benefits.
- Hawaii workers' compensation law provides the exclusive remedy for workplace injuries and occupational diseases. In cases of sexual harassment or assault, and when the harassment or assault results in emotional distress or invasion of privacy, workers may be able to seek redress in the state or federal courts. Disputed workers' compensation claims undergo an appeals process. See Claims Procedure.