Hawaii Workers' Compensation
Hawaii's workers compensation or workman's compensation provides benefits to Hawaiian workers who are injured while performing their job duties. Workers' compensation benefits in Hawaii can include paid medical benefits, lost wage compensation, vocational rehabilitation services and survivor benefits paid to the surviving beneficiaries of a deceased worker.
Hawaii workers' compensation is viewed as a trade-off for the employee and the employer. The employer is required to purchase workers' compensation for all qualifying workers and the employee forfeits their right to file a personal injury claim (under most conditions) in exchange for immediate benefits.
Both employer and employee avoid a protracted legal battle, and the employer does not have to prove that their negligent actions were not the cause of the Hawaii workplace injury.
The Hawaii workman's compensation laws were enacted in 1915 and are now administered by the Hawaii Department of Labor and Industrial Relations. Work comp laws vary by state and can be complicated. If you have been injured in a workplace injury, it may be helpful to contact a Hawaii workers comp lawyer.
Hiring a Hawaii Workers Compensation Lawyer
Hawaiian workers may file their work comp claim on their own or seek legal help from a workman's compensation attorney at any phase of the claim process. Not all employees will need legal assistance, but if you have suffered a permanent or severe debilitating workplace injury, a compensation attorney from Hawaii can ensure you get the compensation you deserve.
Many employers will work hard to ensure a worker gets the medical help and wage loss compensation they need, but other employers may be more concerned with closing the Hawaii work comp claim and saving money.
Hawaii Work Injuries Covered Under Workers Compensation
Most Hawaii workplace injuries are covered under workman's compensation if they occur at work and while the worker is engaged in their normal job functions. Occupational illnesses which occur within the course of employment may also be covered.
Some of the most common types of Hawaii workplace injuries and occupational illnesses can include:
- Back and neck injuries
- Abrasions and burns
- Amputations of arms or legs
- Heart attack or strokes on the job
- Carpal Tunnel
- Diseases caused by inhalation of chemicals or other toxins
- Bone fractures
- Torn Rotator Cuff
- Torn Meniscus
- Bulging disc
- Asbestosis exposure
- Post Traumatic Stress Disorder (PTSD)
- Chronic Obstructive Pulmonary Disease
- General Anxiety Disorder
Hawaii workers who are injured while intentionally trying to hurt themselves or others, who flagrantly disregard safety precautions, who are travelling to or from work while they are injured or who are injured due to intoxication of drugs or alcohol may have difficulty getting workers' compensation.
Hawaii Workers' Compensation Benefits
Like other states, Hawaii workman's compensation provides medical benefits, temporary total disability benefits (TTD), permanent total disability benefits (PTD), permanent partial disability benefits (PPD, vocational rehabilitation benefits, and death benefits. More information about each benefit is listed below.
- Medical Benefits - Medical benefits are provided to injured Hawaiian workers and can include paid medical expenses for all reasonable and necessary medical services to help an employee heal after their Hawaii work injury.
Medical benefits which may be covered can include: doctor's visits, hospitalizations, medical supplies, laboratory services, nursing services, and prescribed medications. If a worker has more than 5 visits to a treating physician, additional visits must be approved by the Hawaiian Department of Labor.
- Temporary Total Disability Benefits (TTD) - Temporary total disability benefits are paid to Hawaiian workers who are injured and temporarily unable to return to their job. TTD benefits are paid at 66 2/3% of the worker's normal wage and can be paid for the duration of the work injury (subject to the state's maximum and minimum limits).Prior to receiving temporary total disability benefits the worker must miss three calendar days of work.
- Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are paid to Hawaiian workers who sustain a work injury and are unable to return to any type of work due to their residual work injuries.
PTD benefits are paid at 66 2/3% of the worker's average weekly earnings and can be paid until the worker is able to return to work or for the remainder of the worker's life.
- The permanent and total loss of sight in both eyes
- The loss of both feet at or before the ankle
- The loss of both hands at or above the wrist
- The loss of one hand and one foot
- An injury to the spine resulting in permanent and complete paralysis of both legs or both arms or one leg and one arm
- An injury to the skull resulting in incurable imbecility or insanity.
- Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits (PPD) are paid to workers who have suffered a work injury and after reaching their maximum medical improvement continue to have residual partial and permanent injuries.
PPD benefits are paid according to a schedule, and the amount and duration which is paid for different injuries will depend on the severity of the work injury and the worker's impairment rating.
- Death Benefits - Death benefits are paid to the surviving beneficiaries of a worker who is killed in a work injury. Death benefits include a percentage of the deceased worker's wage. Death benefits can also include payment for burial expenses up to the state's maximum allowable amount.
- Vocational Rehabilitation Benefits - Vocational rehabilitation services are provided to Hawaiian workers who are unable to return to their current job due to their residual work injuries. Vocational rehabilitation may include job re-training, job assessment, or job counseling. The ultimate goal of all types of rehabilitation is to help the Hawaiian worker return to substantial employment.
- Disfigurement-payments - Hawaiian workers who are injured and who have severe and permanent disfigurement including scars, burns, deformities or lacerations may be eligible to receive additional disfigurement payments.
The following work injuries are considered permanent and total: