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Hawaii Workers Compensation Laws

Workers compensation laws, rules and policy information for the State of Hawaii

Related Pages:  More About Hawaii Rules


State:  Hawaii

Updated:  01-10-2017

Authority/State Rating Bureau:  NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
800-622-4123


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

Small Deductible Program:
Sole Proprietor:  Excluded from coverage/may elect to be included. If included in coverage a rating payroll of $38,000 per year is used as of 1-1-2012, $38,800 as of 1-1-2013, $39,600 as of 1-1-2014, $40,400 as of 1-1-2015, $40,400 as of 1-1-2015. $42,400 as of 1-1-2017.

Partners:  Excluded from coverage/may elect to be included. If included in coverage a rating payroll of $38,000 per year is used as of 1-1-2012, $38,800 as of 1-1-2013, $39,600 as of 1-1-2014, $40,400 as of 1-1-2015. $42,400 as of 1-1-2017.

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 $2,900 per week is used as of 1-1-2012, $750 / $3,000 as of 1-1-2013, $750/$3,000 as of 1-1-2014, $800/$3,100 as of 1-1-2015. $800/$3,200 as of 1-1-2017.

LLC Members:  Effective 7-7-11 HB519 HD1 SD2 was signed into law by the Governor of the State of Hawaii. This bill amended the definition of "employment" as used in Section 386-1 to exclude members of an LLC if the member is an individual and "has a distributional interest, as defined in section 428-101, of not less than 50% in the company." Be sure to check this Hawaii amendment for additional information. If included in coverage the rating payroll used is a minimum of $750 and a maximum of $2,900 per week is used as of 1-1-2012, $750 / $3,000 as of 1-1-2013, $750/$3,000 as of 1-1-2014, $800/$3,100 as of 1-1-2015. $800/$3,200 as of 1-1-2017.

Hawaii Exclusion and Inclusion Forms:  No forms were found on the Hawaii State Workers Compensation Website for Exclusion or Inclusion.

A Note About Forms:  Be sure to check with your insurance company for any additional forms they may use for exclusion or inclusion of coverage.



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.

Experience Rating Eligibility:  Employers in Hawaii will receive an experience modification rate or EMR when they meet one of these triggers:
  • $5,000 in policy premium is generated during the last year or last two years.
  • $2,500 is the average policy premium generated for more than two years.


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: 

Workers Compesation Statute of Hawaii


Didn't find what you're looking for? Search here for more about Hawaii rules: 



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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.





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