Workers’ compensation - Hawaii

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund, or self-insurance by private carrier, individual employer, or groups of employers

Exemptions from WC: Real estate salespersons and brokers whose earnings are solely commissions

Medical benefits provided: Full

Physician selection: Employee makes initial selection of physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability.

Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage. Maximum period is in proportion to scheduled injuries; or a percentage of loss of the whole person.

Scheduled awards: Paid in addition to and upon termination of temporary total disability benefits. Awards are not reduced because of receipt of TTD benefits.

Disfigurement benefits: Employees receive a maximum of $30,000 for scarring and other consequences caused by medical, surgical, and hospital treatment.

Death benefits for surviving spouse and children: A spouse alone receives 50 percent and a spouse with children receives 66 2/3 percent of the employee’s wage while a widow/widower and children are under 18. Total maximum payable for a spouse is 312 times the effective maximum weekly benefit rate. Two-year lump sum payable upon remarriage. Maximum amount does not apply to children incapable of self-support.

Maximum burial allowance: Funeral expenses will be paid to the mortician at an amount not to exceed ten times the maximum weekly benefit rate allowable for death at the time of death; and burial expenses to the cemetery at an amount not to exceed five times the maximum weekly benefit rate, when no pre-paid arrangements have been made.

Waiting period: 3 days for temporary total disability only.

Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Self-insurers, carriers, or state funds cover rehab cost, including maintenance expenses; maximum $5,000/employee for PR plus VR. Employees receive TTD benefits plus travel, tuition, books, and living expenses.

Attorney fees: Determined by agency on an individual case basis.

Occupational hearing loss statutes: Employee has 1 – 2 years from date of discovery to file for compensation. Benefits for one ear are $32,344, both are $124,400.

State

Contact

Department of Labor and Industrial Relations

Regulations

Administrative Rules, see Title 12, Chapter 10

Workers’ Compensation Law HRS Chapter 386

Federal

Contacts

None.

Regulations

None.