Best Workers Compensation Lawyers in Hawaii

About Workers Compensation Law in Hawaii, United States

Workers compensation is a system of laws created to protect workers who become injured or ill due to their job. In Hawaii, workers compensation provides medical care, wage replacement, and other benefits to employees who suffer work-related injuries or illnesses, regardless of who was at fault. Almost all employers in Hawaii are required by law to carry workers compensation insurance for their employees. The Workers Compensation system is overseen by the Hawaii Department of Labor and Industrial Relations. The goal is to ensure that injured workers receive necessary benefits while also limiting the liability of employers.

Why You May Need a Lawyer

While filing a workers compensation claim in Hawaii is intended to be straightforward, complications can arise that may require legal assistance. You might need a lawyer if:

• Your claim is denied by your employer or their insurance company
• There are disputes over the extent or type of medical treatment you need
• You are not receiving the wage loss benefits you believe you are entitled to
• Your employer wants you to return to work before you have fully recovered
• Your injury or illness leads to permanent disability
• You feel pressured to return to work or perform duties beyond your medical restrictions
• There are disagreements regarding retraining, vocational rehabilitation, or job placement

A lawyer familiar with Hawaii's workers compensation laws can help navigate the claims process, protect your rights, and pursue the benefits you deserve.

Local Laws Overview

Several key aspects of Hawaii workers compensation laws are important to note:

• Coverage - Most employers must provide workers compensation insurance for all employees, including part-time and temporary workers.
• Reporting - Employees must report a work-related injury or illness to their employer as soon as possible, and generally no later than 30 days after the incident.
• Medical Treatment - The injured worker may initially choose their own physician, but after the first switch, further changes require approval.
• Income Replacement - Temporary Total Disability (TTD) benefits are available if the injury or illness keeps you from working. These are typically two-thirds of your average weekly wage, subject to statutory limits.
• Dispute Resolution - If a dispute arises over compensation or benefits, claims are handled through the Disability Compensation Division of the Department of Labor and Industrial Relations, which may include hearings or mediations.
• Retaliation - It is illegal for an employer to fire or retaliate against an employee for filing a workers compensation claim.

Frequently Asked Questions

What should I do if I am injured at work in Hawaii?

Report the injury to your employer immediately and seek medical attention. Provide as much detail as possible about how the injury occurred and follow your employer's instructions for filing a workers compensation claim.

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

Yes, almost all employees in Hawaii are covered regardless of part-time, full-time, or temporary status.

How long do I have to file a workers compensation claim in Hawaii?

You should report the injury or illness to your employer within 30 days. Formal claims must generally be filed within two years from the date of injury or when you became aware of your work-related condition.

Can I choose my own doctor for treatment?

Yes, you may choose your initial attending physician. If you wish to change doctors afterward, you are allowed one switch without approval; subsequent changes require authorization from the employer, insurer, or with a valid reason.

What benefits can I receive from workers compensation?

Benefits may include medical care, wage replacement while you are unable to work, and compensation for permanent disabilities or vocational rehabilitation if you cannot return to your previous job.

What if my employer does not have workers compensation insurance?

If your employer did not carry proper insurance, you can still file a claim with the Special Compensation Fund within Hawaii's Department of Labor and Industrial Relations, and they may pursue action against your employer.

Can I be fired for filing a workers compensation claim?

No, it is against Hawaii law for an employer to fire or retaliate against you for filing a legitimate workers compensation claim.

What if my claim is denied?

You have the right to appeal a denial. The Disability Compensation Division will review your case and may hold a hearing to resolve the dispute.

How are wage loss benefits calculated?

Temporary Total Disability benefits are typically two-thirds of your average weekly wage, subject to maximum and minimum limits set by state law.

Do I need a lawyer to file a workers compensation claim?

You are not required to hire a lawyer, but it can be very helpful, especially if your claim is complex or meets resistance from your employer or their insurer.

Additional Resources

If you need further help or information regarding workers compensation in Hawaii, consider contacting or consulting the following:

• Hawaii Department of Labor and Industrial Relations (DLIR), Disability Compensation Division
• Hawaii State Bar Association for lawyer referrals
• Legal Aid Society of Hawaii for free or low-cost legal guidance
• Hawaii Vocational Rehabilitation and Services for the Blind Division for job placement assistance

These organizations can provide guidance, answer questions about the claims process, and help connect you to additional assistance.

Next Steps

If you have experienced a work-related injury or illness in Hawaii and need legal advice:

• Gather all documentation related to your injury, including accident reports, medical records, and correspondence from your employer or insurance company.
• Contact the Hawaii Department of Labor and Industrial Relations for guidance on your specific situation.
• Consult with an experienced Hawaii workers compensation attorney, especially if your claim is denied, delayed, or if you are unsure of your rights.
• Keep records of all communications and follow up regularly on your claim’s progress.

Seeking timely legal advice can help protect your rights and improve your chances of receiving the full benefits you are entitled to under Hawaii law.