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Hawaii Workers' Compensation Laws

Hawaii's workers' compensation system is a no-fault system governed by HRS Chapter 386. Virtually all employers with one or more employees must provide coverage. Benefits include medical treatment, temporary total disability (TTD) wage replacement at two-thirds of average weekly wages, and permanent disability payments. Hawaii has a 3-day waiting period before wage replacement benefits begin. Injured workers have the right to choose their own treating physician on the island where the injury occurred.

Last verified: 2026-02-25

Statute of Limitations

2 years from manifestation; 5 years from accidentHRS § 386-82

A written claim must be filed with the Director of Labor and Industrial Relations within 2 years after the date the effects of the injury become manifest, and within 5 years after the date of the accident or occurrence that caused the injury.

Exceptions

Occupational Disease (Hazardous Substances)2 years from knowledge of causationHRS § 386-82

For injuries caused by compressed air or occupational exposure to asbestos, benzene, beryllium, cadmium, chromium, lead, fluorine, X-rays, or radioactive substances, the claim must be filed within 2 years after the employee knows the injury was caused by employment.

Filing Requirements

Report to EmployerHRS § 386-81

Report the work injury to your employer as soon as possible. Written notice is recommended. Timely reporting is important to preserve your rights.

Claim Filing

If benefits are denied or disputed, file a written claim with the Director of Labor and Industrial Relations, Disability Compensation Division.

Key Hawaii Statutes

Virtually all employers with one or more employees, whether full-time, part-time, permanent, or temporary, must provide workers' compensation coverage. Failure to maintain required coverage is a misdemeanor.

Temporary Total Disability (TTD) BenefitsHRS § 386-31

TTD benefits pay two-thirds of the injured worker's average weekly wages, subject to a maximum of $871 per week (2026). Benefits begin after a 3-day waiting period and continue while the worker is temporarily unable to work due to the injury.

Choice of PhysicianHRS § 386-21

Injured workers may select any licensed physician practicing on the island where the injury occurred. If specialist care is needed, the employee may select any physician practicing in the state. The employer's insurer must pay for reasonable and necessary treatment.

Permanent Partial DisabilityHRS § 386-32

Workers with permanent impairments that are not totally disabling receive benefits based on a schedule of impairment ratings. Benefits are calculated as a percentage of the scheduled benefit for the affected body part.

Anti-RetaliationHRS § 386-142

Employers cannot discharge, suspend, or discriminate against an employee for filing or intending to file a workers' compensation claim, or for testifying in a workers' compensation proceeding.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Hawaii.

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