Workers' comp claim denied in Hawaii: what to do next

If your employer denies the claim, file Form WC-5 with your nearest DCD office and have your doctor send a Physician's Report (WC-2). For any issue that cannot be resolved by agreement (a denied treatment plan, stopped TTD benefits, or any other disagreement), request a hearing by filing an Application for Hearing with DCD.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Hawaii

Who decides

Disability Compensation Division (Director of Labor and Industrial Relations), then the Labor and Industrial Relations Appeals Board (LIRAB)

First step

Source: Form WC-77

Form

Application for Hearing (Form WC-77)

Deadline

The written claim must be made within 2 years after the effects of the injury became manifest (and within 5 years of the accident). An appeal of a DCD decision must be received within 20 calendar days after the decision is sent.

Medical disagreements

If the insurance adjuster denies your doctor's treatment plan, you may request a hearing. If your case was closed and you need more treatment, get a treatment plan from your attending physician and send it to the employer; if the employer denies it, request a hearing. Without a treatment plan, further treatment may not be authorized and a hearing may not be scheduled.

Hawaii's Workers' Compensation Treatment Plan (form)

Appealing the decision

Labor and Industrial Relations Appeals Board, then judicial review in the Hawaii courts.

Source: notice of appeal within 20 days

File Form WC-5 (if not already filed) and make sure your doctor sends medical reports to the employer and DCD.
File an Application for Hearing with DCD; you will receive a hearing notice by mail.
A DCD hearings officer holds a hearing and issues a decision, generally within 60 days after the hearing.
If you disagree, file a written notice of appeal with the Labor and Industrial Relations Appeals Board or with DCD within 20 calendar days after the decision is sent (a postmark is not enough). The Appeals Board holds a new hearing.
After the Appeals Board, judicial review is available in the state courts.

Law: Haw. Rev. Stat. §§ 386-82, 386-87

Source: labor.hawaii.gov

Sources

The official sources for Hawaii are listed on the Hawaii page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org