Workers Compensation Laws in Hawaii
Comprehensive legal guide to workers compensation in Hawaii. Learn about statutes of limitation, court systems, filing requirements, bar association...
Hawaii Court System
Understanding the court hierarchy is essential for workers compensation cases in Hawaii.
Court Hierarchy
Circuit Courts (general jurisdiction) → Intermediate Court of Appeals → Supreme Court of Hawaii
Notable Legal Characteristics
Hawaii has mandatory court-annexed arbitration for tort claims under $150,000 and is the only state that recognizes customary Native Hawaiian rights to access and gather resources on undeveloped land. The state also has a unique land tenure system influenced by its historical Hawaiian kingdom property laws.
Note: Hawaii requires mandatory arbitration for certain case types before proceeding to trial.
Statute of Limitations for Workers Compensation in Hawaii
Time limits govern how long you have to file a workers compensation case. Missing these deadlines can permanently bar your claim.
Haw. Rev. Stat. § 386-82
Hawaii Prepaid Health Care Act requires employers to provide health insurance. Workers compensation covers all employers with one or more employees.
Hawaii Legal Framework for Workers Compensation
Key legal rules and systems that affect workers compensation matters in Hawaii.
You can recover damages only if you are 50% or less at fault. Your award is reduced by your percentage of fault.
HawaiiBar & CLE Requirements
Information about the legal profession in Hawaii, including continuing education requirements for workers compensation practitioners.
Hawaii requires 12 CLE hours annually including 1 hour of ethics. Hawaii is a unified bar state and the only state bar association located in the Pacific.
Filing Fees in Hawaii
Court filing fees are a standard part of initiating a workers compensation case. Fees vary by court and case type.
Actual fees depend on the type of case and specific court. Fee waivers (in forma pauperis) may be available for qualifying individuals.
Visit HawaiiBar Association →Frequently Asked Questions
What is the statute of limitations for workers compensation in Hawaii?
The statute of limitations for workers compensation cases in Hawaii is 2 years from date of injury. Time limits vary by case type, so consult an attorney to confirm the deadline for your specific situation.
What courts handle workers compensation cases in Hawaii?
Hawaii's court system for workers compensation cases follows this hierarchy: Circuit Courts (general jurisdiction) → Intermediate Court of Appeals → Supreme Court of Hawaii. The appropriate court depends on the nature and value of your case.
How much does it cost to file a workers compensation case in Hawaii?
Civil filing fees in Hawaii typically range from $200-$350. Additional costs may include service of process fees, attorney fees, and court-ordered expenses. Fee waivers may be available for those who qualify.
How many workers compensation lawyers are in Hawaii?
Hawaii has approximately 5,000 active licensed attorneys. While not all specialize in workers compensation, the state bar can help you find qualified practitioners in your area.
Does Hawaii require CLE for workers compensation lawyers?
Yes, Hawaii requires 12 hours of continuing legal education (CLE) annually for all licensed attorneys, including those practicing workers compensation. This ensures lawyers stay current with evolving laws and best practices.
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