Best Work Injury Lawyers in Hawaii

About Work Injury Law in Hawaii, United States

Work injury law in Hawaii is designed to protect employees who are hurt or become ill as a direct result of their job. Hawaii mandates that most employers carry workers’ compensation insurance to provide a safety net for workers who suffer from work-related injuries or illnesses. These laws ensure that affected employees can access medical treatment, wage replacement, and other necessary benefits without having to prove fault or negligence in most cases. The goal is to help workers recover and return to work while minimizing the financial impact of their injury.

Why You May Need a Lawyer

While Hawaii’s workers’ compensation system is intended to make benefits readily available, the process of filing a claim and receiving fair compensation can be complicated. You may need a lawyer if:

• Your claim is denied or delayed by your employer or the insurance company
• The benefits offered do not cover all of your medical expenses or lost wages
• Your injury results in permanent impairment or disability
• You face retaliation or termination for filing a workers’ compensation claim
• There is a disagreement about the extent of your injuries or the treatments required
• A third party (not your employer or co-worker) contributed to your injury
• You feel pressured to return to work before you have fully recovered

Seeking legal counsel ensures you understand your rights, meet all deadlines, and have an advocate fighting for fair compensation on your behalf.

Local Laws Overview

Hawaii’s workers’ compensation laws are governed primarily by Chapter 386 of the Hawaii Revised Statutes. Key aspects of these laws include:

• Coverage: Workers’ compensation is mandatory for most employers, including part-time and temporary employees.
• Benefits: Eligible employees may receive medical benefits, wage loss compensation (typically up to two-thirds of the average weekly wage), vocational rehabilitation, and compensation for permanent disabilities.
• Reporting Injuries: Injuries must be reported to your employer as soon as possible, preferably within seven days; delay may affect your claim.
• Choice of Physician: Injured employees can initially choose their own doctor but changing physicians requires approval after the first selection.
• Claims Process: Employers should file a “WC-1 Employer’s Report of Industrial Injury” within seven working days of knowledge of the injury.
• Dispute Resolution: The Department of Labor and Industrial Relations (DLIR) provides a process for hearing and resolving disputes between injured workers, employers, and insurers.
• Retaliation: It is illegal for employers to retaliate against employees for filing a claim.

Frequently Asked Questions

What should I do immediately after a work injury?

Report the injury to your employer as soon as possible and seek prompt medical attention. Document everything, including the time and circumstances of your injury.

Am I covered by workers’ compensation if I am a temporary or part-time worker?

Yes. In Hawaii, most employees, regardless of job status or hours worked, are covered by workers’ compensation laws.

How long do I have to report a work injury to my employer?

You should report your injury as soon as possible, ideally within seven days. Delays could impact your right to benefits.

Can I choose my own doctor for treatment?

You can choose your own physician for initial treatment. Any subsequent change of doctor needs to be approved by the employer or insurer.

What types of benefits are available through workers’ compensation?

Benefits may include medical care, temporary or permanent disability payments, vocational rehabilitation, and death benefits for dependents if the worker dies as a result of their injury.

What happens if my workers’ compensation claim is denied?

If your claim is denied, you have the right to appeal the decision through the Department of Labor and Industrial Relations. Legal assistance is highly recommended in disputed matters.

Are all injuries at work covered by workers’ compensation?

Most injuries that occur during the course and scope of employment are covered, but injuries caused by intoxication, willful misconduct, or those occurring outside work duties may not be covered.

Can I be fired for filing a workers’ compensation claim?

No. State law prohibits employers from retaliating or terminating employees for filing a valid claim.

Can I sue my employer outside of workers’ compensation?

In most cases, workers’ compensation is your exclusive remedy against your employer. However, you may pursue claims against third parties if their negligence contributed to your injury.

How long does it take to receive workers’ compensation benefits?

After submitting the required forms, benefits can begin as soon as your claim is accepted, typically within a few weeks. Disputed claims may take longer, especially if they involve appeals.

Additional Resources

If you need more information or assistance with a work injury in Hawaii, the following resources may be helpful:

• Hawaii Department of Labor and Industrial Relations (DLIR) - Disability Compensation Division: Main government body handling workers’ compensation claims and disputes.
• Hawaii Workers’ Compensation Information for Employees: Provides forms, guides, and contact information for injured workers.
• Legal Aid Society of Hawaii: Offers free or low-cost legal advice for those who qualify.
• Local Bar Associations: Can help with lawyer referrals and legal resources.
• Occupational Safety and Health Division (HIOSH): For workplace safety concerns and guidance.

Next Steps

If you or a loved one has been injured at work in Hawaii, here are the recommended steps:

• Report your injury to your employer immediately and seek medical care.
• Document all details and keep copies of medical records, written communications, and claim forms.
• File the necessary paperwork with your employer and confirm that your claim has been submitted to the insurer.
• If you encounter delays, denials, or other issues, consider consulting with a lawyer experienced in Hawaii work injury law.
• Contact the Hawaii Department of Labor and Industrial Relations for assistance with disputes or questions about your rights.
• Explore the additional resources provided above for further guidance and support.

An experienced work injury lawyer can explain your rights, help with paperwork, negotiate with insurance companies, and represent you in disputes or appeals. Taking action early increases your chances of securing the benefits you deserve.