Hawaii Workers Compensation - minimum and maximum payrolls,laws,rules,subrogation,statutes,state contacts and detailed policy information

State: Hawaii

Authority/Rating Bureau: NCCI, National Council on Compensation Insurance

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: Hawaii has no State Fund from which employers can purchase WC insurance.

Assigned Risk: Administered by Hawaii's Employers Mutual Insurance Company. HEMIC replaced the existing workers' compensation assigned risk pool to provide workers' compensation coverage for Hawaii employers, including employers who have in good faith, but without success, sought workers' compensation insurance in the voluntary market.

Numerical Exceptions: Any employer having one or more employees, full-time or part-time, permanent or temporary, is required to provide WC coverage for the employees. Refer to special notes for exclusions.

Individual Waivers Allowed: No

Sole Proprietor: Excluded from coverage/may elect to be included. If included in coverage a rating payroll of $39,800 per year is used as of 1-1-2011.

Partners: Excluded from coverage/may elect to be included. If included in coverage a rating payroll of $39,800 per year is used as of 1-1-2011.

Corporate Officers: An exec owning at least 50% of a corp is not covered. May elect to be covered. If included in coverage the rating payroll used is a minimum of $750 and a maximum of $3,100 per week is used as of 1-1-2011.

LLC Members: Included. Note there is pending legislation that if passed would allow LLC Members to be excluded under certain circumstances however currently LLC Members are included and not allowed to be excluded. If included in coverage the rating payroll used is a minimum of $750 and a maximum of $3,100 per week is used as of 1-1-2011.

Contractors: NA

Special Notes: Excluded employment includes voluntary or unpaid workers for a religious, charitable, educational or nonprofit organization; student workers performing services for a school, university or college club in return for room, board or tuition; duly ordained, commissioned or licensed minister, priest or rabbi; domestic workers earning less than $225 (cash) per calendar quarter; domestic workers of public welfare recipients; certain twenty-five percent stockholders; all fifty percent stockholders; and real estate salespersons and brokers paid solely on a commission basis. An employer may, however, elect to cover the excluded employees.

Hawaii Workers Compensation Subrogation: Subrogation issues for the State of Hawaii can be found in Statute 386-8, Liability of Third Person. We have provided a direct link to this statute below for your use. If this link does not work then use the Georgia statute link near the bottom of this page and search the states site for 386-8. Hawaii Statute Regarding Subrogation

Hawaii Workers While In Other States; Other States Workers While In Hawaii, Extraterritorial, Reciprocity and Non-Compliance: Hawaii workers working temporarily in another state, workers compensation coverage for that worker is governed by the extraterritorial provisions found in 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. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

Extraterritorial:
- Provisions: Yes
- Duration: Not Specific
Reciprocity:
- Allowed: No
Specific Statute: Statute 386.6;
For More Information Contact: Hawaii Disability Compensation Division 808-586-9151.

Regulated By:

Insurance Division

Dept. of Commerce & community Affairs

P.O. Box 3614

Honolulu, HI 96811

808-586-2790

http://www.state.hi.us/dcca/ins

Department of Labor & Industrial Relations

http://hawaii.gov/labor/dcd/dcd-links/frequently-asked-questions#1

Workers Compensation Statute:

http://hawaii.gov/labor/dcd/dcd-links/find-a-law

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (931) 292-2633
Fax: (573) 447-4998
email: rks@workcompconsultant.com

Disclaimer - Privacy

Copyright © 2008-2011 Workers Comp Consultants, Inc. All rights reserved.

Hawaii Workers Compensation Laws

Workers compensation policy information for the State of Hawaii