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You are at:Home»Lawyer»How Does Workers Comp Insurance Work in Hawaii?

How Does Workers Comp Insurance Work in Hawaii?

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By Albert on October 24, 2023 Lawyer
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Obtaining workers comp insurance is mandatory for nearly all employers in Hawaii. This type of insurance provides wage replacement and medical benefits to employees injured on the job. Understanding how workers comp functions in Hawaii can help business owners stay compliant with state laws.

What is Workers Comp Insurance?

Workers compensation insurance provides partial wage replacement and covers medical expenses for employees who sustain work-related injuries or illnesses. It operates as a no-fault system, meaning employees can receive benefits regardless of who was responsible for the injury. 

In exchange for these guaranteed benefits, employees forfeit their right to sue their employer for damages over work-related injuries. Every state besides Texas requires most employers to carry workers comp policies.

Hawaii Workers Comp Laws

Hawaii enacted its workers compensation law in 1915. The statute requires all public and private employers to secure workers comp insurance, with few exceptions. Employers must cover full and part-time, permanent and temporary workers.  

Those exempt from mandatorily carrying workers comp insurance in Hawaii include:

  • Sole proprietors 
  • Partners in a partnership
  • Corporate officers owning at least 50% of the company
  • Certain types of casual laborers

While exempt employers can opt out of coverage, they may still voluntarily purchase policies. Workers retained under contract and subcontractors may also be subject to workers comp requirements.

Covered Injuries and Benefits

In Hawaii, workers compensation insurance covers injuries and illnesses sustained in the course and scope of employment. This includes claims for physical injuries as well as occupational diseases. 

Through its no-fault design, employees can access benefits irrespective of fault for their injury. In exchange, they waive the right to sue the employer. Benefits provided seek to support the injured worker, such as medical payments, temporary income replacement during recovery, potential long-term disability benefits, and death compensation for dependents.

That said, workers need to report any work-related injury or illness to supervisors promptly. Employers must notify their insurer of claims within seven days. Prompt reporting streamlines care while full cooperation eases responsibilities for all involved.

Premiums and Enforcement

Workers compensation insurance premiums are determined by several factors, including:

  • The employer’s industry and classifications
  • Annual payroll  
  • History of claims and losses

Businesses that operate without required workers comp insurance in Hawaii face penalties up to $100 per day. Failing to carry state-mandated policies can also lead to lawsuits if uninsured injuries occur.

Hawaii allows businesses to purchase policies through private insurers or apply for coverage through the Hawaii Employers’ Mutual Insurance Company. While insurance costs vary, the National Academy of Social Insurance estimates Hawaii employers pay around $1.62 in premiums per $100 of covered payroll.

Workers Comp Insurance in Hawaii: Summing Up

In closing, understanding Hawaii’s workers’ comp system can help businesses protect their employees while remaining compliant with state law. Most employers need coverage, but there are some exceptions. Comparing multiple options helps in finding the best fit.  

And by partnering with an expert advisor, you ensure you can navigate requirements correctly. Qualified insurance partners like Cerity stand ready to assist all companies seeking compliance paired with comprehensive care for their team.

Albert
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