Workers' Compensation are benefits paid by an employer for injuries an employee suffered on the job or for illnesses an employee suffers from working at a job. These benefits include medical care, age loss replacement, permanent disability benefits, and in some cases, death and funeral benefits.
The Disability Compensation Division (DCD) of the State Department of Labor (DOL) and Industrial Relations administers workers' compensation in Hawaii for cases under their jurisdiction. Claims are usually broken down by island and there are different district offices on each island responsible for administering claims within their jurisdiction. Federal workers, such as postal workers, may be covered under federal jurisdiction and may be excluded from state administration of workers' compensation benefits. Other exceptions may be volunteer employment with a religious, charitable, educational, or non-profit organization. When in doubt, check with the personnel or human resources department at your company, or contact the DCD.
Chapter 386, Hawaii Revised Statutes, and Related Administration Rules, Chapter 10, Title 12. H.R.S. can be used at Supreme Court Library (across Iolani Palace) and UH Law Library. Outer Islands can check with their state libraries.
Your employer either pays a premium to an insurance company to pay for workers' compensation benefits or may be "self-insured," meaning that benefits are paid directly by the company.
Covered injuries are defined as injuries an employee suffers either by accident arising out of and in the course of employment or by disease proximately caused by or resulting from the nature of the employment. This also includes the willful act of a third person against an employee because of the employee's employment. Workers' compensation does not cover injuries arising from an employee's wilful intention to injure his or herself or another by actively engaging in an unprovoked non-work related physical altercation other than in self defense, or by the employee's intoxication. Non-workers' compensation injuries, or those in dispute, may be covered under your employer's Temporary Disability Insurance (TDI).