The Hawaii workers compensation act — formally the Hawaii Workers’ Compensation Law, found at Hawaii Revised Statutes (HRS) Title 21, Chapter 386 — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Hawaii workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Hawaii at a Glance
| Official name | Workers’ Compensation Law |
| Where it lives | Hawaii Revised Statutes (HRS) Title 21, Chapter 386 |
| First enacted | 1915 |
| Reporting deadline | Written notice to the employer “as soon as practicable” after the injury — HRS §386-81. Late notice generally does not bar a claim if the employer knew of the injury, provided medical care, or was not prejudiced by the delay. |
| Filing deadline | Written claim to the DLIR director within 2 years after the effects of the injury become manifest, and in any event within 5 years after the accident — HRS §386-82. For chemical or radioactive exposures, the claim is due within 2 years after the worker learns the employment caused the injury. |
| Exclusive remedy | HRS §386-5 — workers’ comp excludes all other employer liability, except claims for sexual harassment or sexual assault and related infliction of emotional distress or invasion of privacy, which may also be brought as a civil action. A co-employee whose willful and wanton misconduct causes the injury can still be sued as a third party. |
In This Hawaii Guide:
What the Hawaii Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Hawaii workers compensation act dates to 1915. It lives at Hawaii Revised Statutes (HRS) Title 21, Chapter 386, and the official text is linked in the sources.
Hawaii’s law dates from 1915, when Hawaii was still a territory. Unlike most states, its exclusive-remedy section (HRS §386-5) lets workers bring a separate civil suit for sexual harassment or sexual assault and related emotional distress or invasion of privacy. Disputes skip the circuit court entirely: they go from the DLIR Director to LIRAB and then straight to the Intermediate Court of Appeals (HRS §§386-73, 386-88).
The same DCD division also runs Hawaii’s Temporary Disability Insurance and Prepaid Health Care laws. Many claimants may want to confirm their own situation with DCD and a licensed attorney.
Who the Hawaii Workers Compensation Act Covers
HRS §386-121 — every employer with one or more employees must secure compensation (through insurance, approved self-insurance, a deposit of security, or a group self-insurance fund); the State and counties are exempt from this requirement. HRS §386-1 (definition of “employment”) — excludes certain workers, such as people doing personal/household work paid less than 225 in cash during the current calendar quarter and each completed quarter of the preceding 12 months
Deadlines in the Hawaii Workers Compensation Act
Waiting period: HRS §386-31(b) — 3 calendar days; temporary total disability is not paid for the first 3 days of disability. Wage-loss rate: HRS §386-31(b) — 66 2/3 percent of the worker’s average weekly wages, subject to the weekly maximum and minimum in §386-31(a). The 2026 maximum is 1240 per week per the DCD’s 2026 Maximum Weekly Wage Base notice; confirm the current figure with DCD..
Hawaii Workers Compensation Act: Key Sections at a Glance
The sections of the Hawaii workers compensation act that decide most cases, each with its citation:
| Coverage mandate | HRS §386-121 — every employer with one or more employees must secure compensation (through insurance, approved self-insurance, a deposit of security, or a group self-insurance fund); the State and counties are exempt from this requirement. |
| Exemptions | HRS §386-1 (definition of “employment”) — excludes certain workers, such as people doing personal/household work paid less than 225 in cash during the current calendar quarter and each completed quarter of the preceding 12 months |
| Report an injury | Written notice to the employer “as soon as practicable” after the injury — HRS §386-81. Late notice generally does not bar a claim if the employer knew of the injury, provided medical care, or was not prejudiced by the delay. |
| File a claim | Written claim to the DLIR director within 2 years after the effects of the injury become manifest, and in any event within 5 years after the accident — HRS §386-82. For chemical or radioactive exposures, the claim is due within 2 years after the worker learns the employment caused the injury. |
| Waiting period | HRS §386-31(b) — 3 calendar days; temporary total disability is not paid for the first 3 days of disability |
| Wage-loss rate | HRS §386-31(b) — 66 2/3 percent of the worker’s average weekly wages, subject to the weekly maximum and minimum in §386-31(a). The 2026 maximum is 1240 per week per the DCD’s 2026 Maximum Weekly Wage Base notice; confirm the current figure with DCD. |
| Exclusive remedy | HRS §386-5 — workers’ comp excludes all other employer liability, except claims for sexual harassment or sexual assault and related infliction of emotional distress or invasion of privacy, which may also be brought as a civil action. A co-employee whose willful and wanton misconduct causes the injury can still be sued as a third party. |
| Retaliation | HRS §378-32(a) — an employer may not suspend, discharge, or discriminate against a worker solely because of a compensable work injury. Under HRS §378-35, after a hearing DLIR may order reinstatement with or without back pay, or back pay without reinstatement. |
| Uninsured employer penalty | HRS §386-123 — an employer that fails to secure coverage as §386-121 requires owes a penalty of at least 500, or 100 per employee for each day of noncompliance, whichever is greater. The money is paid into the special compensation fund. Failure to secure coverage is also a misdemeanor under §386-121. |
| Who hears disputes | The DLIR Director (Disability Compensation Division) has original jurisdiction over all disputes under HRS §386-73. A party may appeal to the Labor and Industrial Relations Appeals Board within 20 days under §386-87, and then to the Intermediate Court of Appeals under §386-88. |
The Exclusive-Remedy Bargain in the Hawaii Workers Compensation Act
HRS §386-5 — workers’ comp excludes all other employer liability, except claims for sexual harassment or sexual assault and related infliction of emotional distress or invasion of privacy, which may also be brought as a civil action. A co-employee whose willful and wanton misconduct causes the injury can still be sued as a third party.
Retaliation and Penalties Under the Hawaii Workers Compensation Act
HRS §378-32(a) — an employer may not suspend, discharge, or discriminate against a worker solely because of a compensable work injury. Under HRS §378-35, after a hearing DLIR may order reinstatement with or without back pay, or back pay without reinstatement.
HRS §386-123 — an employer that fails to secure coverage as §386-121 requires owes a penalty of at least 500, or 100 per employee for each day of noncompliance, whichever is greater. The money is paid into the special compensation fund. Failure to secure coverage is also a misdemeanor under §386-121. The DLIR Director (Disability Compensation Division) has original jurisdiction over all disputes under HRS §386-73.
A party may appeal to the Labor and Industrial Relations Appeals Board within 20 days under §386-87, and then to the Intermediate Court of Appeals under §386-88.
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Recent Amendments to the Hawaii Workers Compensation Act
No amendment to the Hawaii workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Hawaii Workers Compensation Act
Statute pages are written for lawyers, so read the Hawaii workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Hawaii workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Hawaii claim guide turns these sections into steps and dates, and the Hawaii requirements guide covers the employer side.
Frequently Asked Questions
Where is the Hawaii workers compensation act in the code?
Hawaii Revised Statutes (HRS) Title 21, Chapter 386. The sources below link to the official text.
How long do I have to report a work injury under the Hawaii act?
Written notice to the employer “as soon as practicable” after the injury — HRS §386-81. Late notice generally does not bar a claim if the employer knew of the injury, provided medical care, or was not prejudiced by the delay.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Hawaii workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Hawaii Sources & Resources
- Hawaii Hawaii Department of Labor and Industrial Relations (DLIR), Disability Compensation Division (DCD); appeals go to the Labor and Industrial Relations Appeals Board (LIRAB): https://labor.hawaii.gov/dcd/
- Hawaii Workers’ Comp Statute: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0386/HRS_0386-.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Hawaii workers compensation act guide was last verified against official Hawaii sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.