How does workers' comp work in Hawaii?

State law requires employers to carry workers' compensation insurance in the state of Hawaii. Coverage is required even if the employee is part time and even if you only have one employee.

Some exclusions apply to the workers comp requirement including religious, charitable or educational non-profit organizations, some twenty-five percent stakeholders, all fifty percent stakeholders and real estate agents or brokers who work solely on commission.

For Hawaii workers temporarily working in another state work comp coverage for that worker is governed by the Hawaii statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide extraterritorial provisions. Reciprocity governs coverage for a worker from another state who is working temporarily in Hawaii.

Workers' Comp Rules & Information for Hawaii

State Insurance Directives Regarding Covid-19

To avoid lapse in coverage, HI “encourages” insurers to consider the following actions: refrain from canceling/nonrenewing due to nonpayment; grant premium payment grace period; allow premium payment plans; waive late fees and penalties; extend timeframes to complete property/vehicle inspections or undergo medical examinations; and continue to offer such relief for 60 days after the end of the emergency.

Discretionary order in effect from 03/27/2020 - further notice.

State Orders Regarding Insurance Claims Related to Coronavirus

No current state orders.

Hawaii Dept. of Commerce & Community Affairs

Insurance Division
P.O. Box 3614
Honolulu, HI 96811
808-586-2790

What is Workers' Compensation?

The basic purpose of the Workers’ Compensation is to provide wage replacement benefits and medical treatment for employees who have been injured or become ill due to a work-related injury or illness. It prevents the employer from bearing the costs of injuries that occur during normal business operations.

How does workers comp help my business?

Your business benefits from workers' compensation coverage, by not being liable for injuries that occur as a part of normal business operations. This applies whether the injury was the fault of the business or was caused by negligent actions of the employee. You can move forward with your business operations knowing that if one of your employees is injured because of something that happens as a normal part of your business operations, your business is not liable for the costs.

How does workers comp help my employee?

Employees benefit from workers comp coverage by having lost wages covered while they are hurt or sick and not able to work. It also pays for medical costs they might incur as a result of the sickness or injury.

Assigned Risk Workers Comp in Hawaii

Hawaii Employers Mutual Insurance Company (HEMIC) is the assigned risk provider for the state of Hawaii. HEMIC was started by Hawaii’s legislature in response to challenges facing the state’s workers’ compensation system. HEMIC is a private insurance company and is the only mutual insurance company in the state of Hawaii. HEMIC competes with other insurance companies on the private market to force down prices for the employers of Hawaii.

Hawaii/NCCI Partnership

Hawaii partners with the National Council on Compensation Insurance (NCCI) to determine workers comp rates on the different classification codes within the state. NCCI gathers data, analyzes industry trends, and prepares objective insurance rate and loss cost recommendations. NCCI is the nation’s most experienced provider of workers compensation information, tools, and services. Hawaii uses NCCI to determine rates on workers' compensation coverage only. It does not partner with NCCI to be the assigned risk provider.

More Programs and Options

We're always working with our insurance carriers to develop specialized programs for a broad range of industry class codes. Our Target Programs are designed to streamline the underwriting process and help ensure we offer the lowest rates available anywhere.

  • Contractors
  • Home Health Care
  • Janitorial Services
  • Transportation
  • Hospitality
  • And More
Hawaii Work Comp Information

Easier Underwriting Requirements

With stricter underwriting guidelines for many workers comp codes in Hawaii, many agencies can't offer our special programs that quote tougher industries and class codes. Because we partner with more providers than most agencies we can find more options for industries with difficult risks.

Programs for Hard to Place Coverage

Let Workers Compensation Shop.com help your business navigate workers comp insurance in Hawaii.

What Does Workers' Compensation Insurance Cover?

...
Workers' comp coverage protects employees when injured. It makes good financial sense for both parties.
Injuries and accidents happen. A workers' comp policy is a no-fault system that pays for these accidents and claims. It's required by law in most states.
  • Loss of income for employees unable to perform job duties
  • Medical expenses for employees injured on the job
  • Retraining expenses for employees unable to return
  • Permanent injury or disability for lasting injuries
  • Survivor benefits if employees are killed on the job
Coverage does not protect employers from everything. Sometimes employees and employers can be negligent.
...
In some instances, workers' compensation coverage will not protect employers or employees from the legal liability resulting from a workplace injury.
  • Injuries resulting from a violation of the law
  • Incidents resulting from employees' use fo drugs or alcohol
  • Injuries that did not occur in connection with the job
  • Clear company policy violations
  • Injuries that did not occur in connection with the job

Workers' Comp Includes Employers Liability Insurance?

Employers liability insurance is an additional layer of coverage included as part of a workers' compensation insurance policy. Employers Liability is know as Part 2 of the policy. It adds two additional coverages for employers:

Employers Legal Liability and Legal Defense Costs

In todays world, there are a variety of reasons employees and third-parties sue employers for damages. Here a some common types covered by employers liability insurance:

Third Party Lawsuits

Your employee sues another party that may have contributed to the injury, In turn, the third party sues your business.

Consequential Bodily Injury

Another party or individual is injured while providing care for the injured employee.

Dual Capacity Legal Action

An employee files a claim but also attempts to sue the employer for being responsible in other ways outside of the employment relationship.

Loss of Consortium

A spouse sues for damages caused by the loss of companionship or relations.

Employers Liability coverage is not included with coverage in the four monopolistic states. Employers in these states can endorse this coverage onto their General Liability policy. That coverage is commonly know as Stop Gap Coverage.

Visit NCCI for more resources and information about workers' compensation class codes. Visit United States Department of Labor for more information about government agencies managing workers compensation insurance rates.

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