Hurt at Work
HRS 386-82 — written notice as soon as practicable, and a claim within two years of the effects showing
An employee injured by accident arising out of and in the course of employment, or by disease caused by the nature of the employment, is paid compensation by the employer or the special compensation fund. A third person's wilful act aimed at the employee because of the job counts.
Who handles this in Hawaii: Disability Compensation Division, Department of Labor and Industrial Relations; and legal aid programs, lawyer referral and the state offices, listed in the Hawaii directory.
- Written notice of the injury goes to the employer as soon as practicable, by the employee or someone on the employee's behalf.
- Late notice does not bar the claim where the employer knew of the injury, furnished medical care, or was not prejudiced.
- The written claim goes to the director of labor and industrial relations within two years after the effects of the injury become manifest, and within five years of the accident.
- Exposure to asbestos, lead, radiation and other listed substances has its own limit, two years after knowing the injury was caused by it.
No compensation is allowed for an injury from the employee's wilful intent to injure, an unprovoked fight unrelated to work, or intoxication, or for mental stress solely from good faith discipline.
Sources for this section (3)
- HRS 386-3 — Injuries covered
- HRS 386-81 — Notice of injury; waiver
- HRS 386-82 — Claim for compensation; limitation of time
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.