Free Hawaii Workers' Compensation FAQs | Free Hawaii Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

The law requires all employers in the state to insure themselves either by purchasing a workers` compensation policy from a private insurance company or by qualifying for selfinsurance as determined by the state.

The law covers all employers employing one or more persons for any part of a day. It includes public employers and their agencies, with the exception of federal employees who are covered by the Federal Employees Compensation Act.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

If you are injured you should report the injury to your employer immediately. It is then your employer`s responsibility a report with the state Division of Labor Disability Compensation Division accepting or denying liability. The employer must do this within seven days of you giving notice to them if there was lost time or the injury required medical care beyond ordinary first aid. You should also tell your doctor of the claim so that the doctor will file the proper report with the Department of Labor.

The employee must file an actual claim for benefits with the Department of Labor within two years from the date at which the effects of the injury or disability first became known and five years from the accident. This time may be longer in cases of certain toxic exposures.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

You may select any physician or surgeon who is practicing on the island where the injury occurred. If the services of a specialist are needed, you may select any specialist or surgeon practicing in the state. The director of the Department of Labor may authorize the selection of a specialist practicing outside the State when no comparable medical care within the state is available. Upon selecting a physician or surgeon, you shall give notice of his selection to the employer within a reasonable time after the beginning of the treatment.

At any time and with reasonable notice you may be asked to attend a medical evaluation by your employer, the insurance carrier or by the Department of Labor. Any failure to attend an exam may result in a suspension or termination of your benefits.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. Wage benefits usually will equal approximately 662/3 of the difference between your current earnings and what you earned before your injury, not exceeding the maximum compensation rate for the year you were injured.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If the employer or the insurance carrier denies liability or refuses to pay the required benefits, the employee must file a WC5 form Employee`s Claim for Workers` Compensation Benefits. with the Disability Compensation Division of Department of Labor who will render a decision in regards to the claim.

Once the Department of Labor receives your completed claim form they will hold it until the proper forms from your employer and doctor are received. They will then schedule a hearing before a department hearings officer.

Any party disagreeing with the decision of the Department of Labor & Industrial Relations, may file an appeal within twenty days with the Labor & Industrial Relations Appeals Board.

For more information regarding the filing of a workers` compensation claim or for general information, you can contact one of the offices listed below.

State of Hawaii Disability Compensation Division:
On Oahu call 5869174

State Dept. of Labor District Offices:

On Maui call 2435322

In Hilo call 9746464

For West Hawaii call 3224808

On Kauai call 2743351

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

In the case of permanent total disability or temporary total disability the employee may be entitled to a weekly benefit equal to 662/3 percent of his average weekly wages. This amount is subject to the state minimum and maximums as set by law.

This may take place for the duration of the disability but not including the first three calendar days. After 10 days of being off with a work related injury, the first three days may be reimbursed.

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