The Hawaii workers comp waiting period is the number of days you must be off work after a job injury before wage-loss benefits start — 3 days in Hawaii, set by HRS §386-31(b). Temporary total disability is paid “for the duration of the disability, but not including the first three calendar days thereof.”.
This guide explains how the Hawaii workers comp waiting period is counted, when Hawaii pays those days back, what is still covered during the wait, and what to do if your first check is late. Figures verified against Hawaii sources as of October 2026.
Hawaii at a Glance
| Waiting period | 3 days (HRS §386-31(b). Temporary total disability is paid “for the duration of the disability, but not including the first three calendar days thereof.”) |
| How days are counted | Calendar days (HRS §386-31(b) says “first three calendar days”), so weekends and holidays count toward the waiting period. Partial days: under HRS §386-31(b), if an employee can’t finish a regular daily work shift because of a work injury, the employee is “deemed totally disabled for work for that day.” So the day of injury generally counts as a disability day if the worker couldn’t finish the shift. Benefits generally start on the 4th day of disability. |
| Medical care during the wait | Yes. Under HRS §386-21 the employer must provide medical care, services and supplies right after a work injury. The 3-day waiting period applies only to wage-loss (TTD) benefits, not to medical treatment. |
| First check due | 10 days. Under HRS §386-31(b), the first TTD payment is due no later than the 10th day after the employer is notified of the total disability. HRS §386-92 counts that 10 days excluding Saturdays, Sundays and holidays. |
| Wage-loss rate | 66.67. That is 66⅔% of average weekly wage, or 100% of average weekly wage if that wage is below the minimum weekly benefit (HRS §386-31(b)).% of your average weekly wage |
| 2026 max weekly benefit | $1240 (January 1, 2026 to December 31, 2026. Hawaii sets the maximum by calendar year (DLIR/DCD “2026 Maximum Weekly Wage Base” notice).) |
In This Hawaii Guide:
How Long Is the Hawaii Workers Comp Waiting Period?
Hawaii applies a 3 days Hawaii workers comp waiting period to wage-loss benefits — temporary total disability — not to medical care. The clock starts with your first day of disability, not the day you report the injury, so the two dates can differ.
Hawaii counts the 3-day wait in calendar days, and a day the worker couldn’t finish because of the injury counts as a full day of disability (HRS §386-31(b)). The 20% late-payment penalty applies only if the employer did not dispute the claim in its initial injury report (HRS §386-92). It also applies if TTD is stopped in violation of §386-31.
When the Hawaii Workers Comp Waiting Period Is Paid Back
Not every state pays the waiting period back, and Hawaii’s rule is in the table above. If the Hawaii workers comp waiting period is never recovered in Hawaii, the only way to be paid for those days is sick leave or PTO — ask your employer, and check your state’s rule before you assume.
Hawaii Workers Comp Waiting Period Rules at a Glance
Every number below comes from Hawaii sources; the statute column is where to check it yourself.
| Waiting period (days) | 3 |
| Statute | HRS §386-31(b). Temporary total disability is paid “for the duration of the disability, but not including the first three calendar days thereof.” |
| Retroactive statute | NONE. The text of HRS §386-31(b) I could see has no clause paying back the 3 days. Some secondary sites (workerscompensation.com, getdianahr.com, and the Hanover copy of “Highlights of the Hawaii Workers’ Compensation Law”) say the 3 days are paid back if disability lasts more than 14 days. That conflicts with the statute. Confirm with the Hawaii DLIR Disability Compensation Division before publishing. |
| Day counting rule | Calendar days (HRS §386-31(b) says “first three calendar days”), so weekends and holidays count toward the waiting period. Partial days: under HRS §386-31(b), if an employee can’t finish a regular daily work shift because of a work injury, the employee is “deemed totally disabled for work for that day.” So the day of injury generally counts as a disability day if the worker couldn’t finish the shift. Benefits generally start on the 4th day of disability. |
| First payment due | 10 days. Under HRS §386-31(b), the first TTD payment is due no later than the 10th day after the employer is notified of the total disability. HRS §386-92 counts that 10 days excluding Saturdays, Sundays and holidays. |
| Late-payment penalty | 20 percent of the unpaid amount (HRS §386-92). It applies if TTD isn’t paid within 10 days (excluding Saturdays, Sundays and holidays) after the employer or carrier is notified of the disability and did not dispute the claim in its initial report. It also applies if TTD is stopped in violation of §386-31. The penalty is paid on top of the benefits unless the Director excuses the delay as outside the employer’s or carrier’s control. |
| Wage-loss rate | 66.67. That is 66⅔% of average weekly wage, or 100% of average weekly wage if that wage is below the minimum weekly benefit (HRS §386-31(b)).% |
| Maximum weekly benefit | $1240 (January 1, 2026 to December 31, 2026. Hawaii sets the maximum by calendar year (DLIR/DCD “2026 Maximum Weekly Wage Base” notice).) |
How Hawaii Counts the Days
Calendar days (HRS §386-31(b) says “first three calendar days”), so weekends and holidays count toward the waiting period. Partial days: under HRS §386-31(b), if an employee can’t finish a regular daily work shift because of a work injury, the employee is “deemed totally disabled for work for that day.” So the day of injury generally counts as a disability day if the worker couldn’t finish the shift.
Benefits generally start on the 4th day of disability.
Light-duty days are the common trap: if you go back on modified duty at full pay, most states stop the disability clock, and the Hawaii workers comp waiting period may have to restart if you go out again. Keep your doctor’s work restrictions in writing.
What Is Covered During the Waiting Period
Yes. Under HRS §386-21 the employer must provide medical care, services and supplies right after a work injury. The 3-day waiting period applies only to wage-loss (TTD) benefits, not to medical treatment.
Report the injury to your employer in writing as soon as it happens, see an authorized doctor, and keep a copy of every form. Those three steps protect the claim whether or not the Hawaii workers comp waiting period ends up being paid back.
If Your First Hawaii Check Is Late
Many claimants first contact the employer’s workers’ comp insurance carrier or adjuster. If the check still doesn’t come, contact the Hawaii DLIR Disability Compensation Division. Main line (Oahu): (808) 586-9151. WC Facilitator Section: (808) 586-9161. Address: 830 Punchbowl Street, Room 209, Honolulu, HI 96813. The division offers free interpreter services. Confirm your options with the Division and a licensed Hawaii attorney.
First payment deadline: 10 days. Under HRS §386-31(b), the first TTD payment is due no later than the 10th day after the employer is notified of the total disability. HRS §386-92 counts that 10 days excluding Saturdays, Sundays and holidays.. Late penalty: 20 percent of the unpaid amount (HRS §386-92).
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It applies if TTD isn’t paid within 10 days (excluding Saturdays, Sundays and holidays) after the employer or carrier is notified of the disability and did not dispute the claim in its initial report. It also applies if TTD is stopped in violation of §386-31. The penalty is paid on top of the benefits unless the Director excuses the delay as outside the employer’s or carrier’s control..
Why the Hawaii Workers Comp Waiting Period Exists
Every state uses a waiting period to keep very short absences out of the wage-loss system, the way a deductible works on a car policy. The Hawaii workers comp waiting period is on the shorter end of the national range of three to seven days, and the payback rule decides whether a longer injury recovers it.
If any part of the Hawaii workers comp waiting period is unclear for your case, the state agency’s information line can confirm the count and the insurer’s deadline at no cost.
Next step: once the Hawaii workers comp waiting period has run, the claim itself decides what you are paid. Our Hawaii claim guide covers the reporting deadline, the forms and what to do if the insurer disputes the injury.
Frequently Asked Questions
How long is the workers comp waiting period in Hawaii?
Hawaii requires 3 days of disability before wage-loss benefits start. Medical care is covered from day one.
Does Hawaii pay the waiting period back?
Check the retroactive rule in the table — some states never pay it back. Keep your doctor’s off-work note; it is the proof.
What if my first Hawaii workers comp check is late?
Call the insurer, then the state agency listed in the sources. Many states set a deadline for the first payment and a penalty for missing it.
Official Hawaii Sources & Resources
- Hawaii Hawaii Department of Labor and Industrial Relations (DLIR), Disability Compensation Division (DCD): https://labor.hawaii.gov/dcd/
- Hawaii Workers’ Comp Statute: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0386/HRS_0386-0031.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Hawaii workers comp waiting period 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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- Hawaii Workers’ Comp Requirements (Employers)
- 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.