Workers' comp deadlines in Hawaii: tell your employer and file

Tell your employer in Hawaii

Counted from

The date of the injury

In writing?

Yes, in writing

If you are late

A claim cannot go forward without notice as soon as practicable, but missing notice does not bar the claim if your employer or the supervisor in charge knew of the injury, if your employer provided medical care, or if there was a good reason notice could not be given and the employer was not harmed. If the employer does not object at the first hearing, the notice requirement is waived.

Report the injury to your immediate supervisor or employer right away; DCD says you can do this orally or in writing. The law requires written notice to the employer as soon as practicable after the injury. Tell your employer the date, time and circumstances of the injury.

Law: Haw. Rev. Stat. § 386-81

Source: labor.hawaii.gov

File your claim in Hawaii

Time limit

2 years

Counted from

The date the effects of the injury became manifest (and in any case no later than 5 years after the accident)

What to file

A written claim to the Director of Labor and Industrial Relations: Employee's Claim for Workers' Compensation Benefits, filed with the nearest Disability Compensation Division office

Source: Form WC-5

Claim form

Employee's Claim for Workers' Compensation Benefits

Who files it

You report the injury to your employer. Your employer files the Employer's Report of Industrial Injury (WC-1) with DCD and gives you a copy. If your employer denies the claim or fails to file a report, you file Form WC-5 with your nearest DCD office, and ask your doctor to send a Physician's Report (WC-2) and disability certificates to the employer and DCD.

What your employer must do

Within 7 working days after learning of an injury that causes absence of a day or more or needs treatment beyond first aid, your employer must report it to DCD on Form WC-1 and send you a copy. Within 3 working days after notice of an injury, it must give you the brochure 'Highlights of the Hawaii Workers' Compensation Law'. Employers must post a notice about benefit rights.

When the insurer decides

Temporary total disability must be paid promptly without waiting for a decision, unless the employer disputes (controverts) the claim in its initial injury report. The first payment is due no later than the 10th day after the employer is notified of the disability.

Illness that develops over time

For injuries from occupational exposure to certain substances (such as asbestos, arsenic, benzol, beryllium, lead and other carcinogens, compressed air, X-rays or radiation), the 2-year and 5-year limits do not apply; instead the claim must be made in writing within 2 years after you learn that the injury was caused by your job.

Your right to compensation is barred unless you make a written claim to the Director of Labor and Industrial Relations within 2 years after the effects of the injury became manifest, and within 5 years after the accident. If your employer denies the claim or does not file the injury report, file Form WC-5 with your nearest DCD office.

Law: Haw. Rev. Stat. § 386-82

Source: data.capitol.hawaii.gov

Law: Haw. Rev. Stat. §§ 386-31(b), 386-82, 386-95

Source: labor.hawaii.gov

Waiting period and first payment in Hawaii

Waiting period

Temporary total disability is not paid for the first 3 calendar days of disability. If you cannot finish your regular work shift because of the injury, that day counts as a day of total disability.

Paid back for the waiting days

The first 3 calendar days of disability are not paid back later.

First payment

The first payment is due no later than the 10th day after your employer is notified of your total disability; after that, benefits are paid weekly. To stop benefits because it believes you can return to work, the employer must give you and the Director written notice at least 2 weeks before the last payment, and you can ask in writing for a hearing.

How often you are paid

Weekly

Law: Haw. Rev. Stat. § 386-31(b)

Source: data.capitol.hawaii.gov

Deadline if you are punished for filing

Within 30 days after the unlawful suspension, discharge or discrimination, or after you learn of the suspension or discharge. If you were discharged while still unable to work because of the injury, you may also file within 30 days after the date you are able to return to work.

Law: Haw. Rev. Stat. §§ 378-32, 378-33, 378-35, 386-142

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer