Hawaii Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Hawaii workers' comp attorneys who handle claims before the Hawaii Department of Labor and Industrial Relations (DLIR), Disability Compensation Division. From Waikiki hotel and hospitality workers, to agriculture on the Big Island and Maui, to construction across Oahu, we'll match you with the right attorney at no cost.

Two years from the date of the injury (or knowledge thereof) and within 5 years from the date of accident under HRS § 386-82. Notice to employer as soon as practicable under § 386-81.

Hawaii preserves worker choice of physician for the initial treatment and follow-up. The employer/carrier can require an IME, but the worker generally selects their own treating physician.

HRS § 386-85 creates a presumption that a claim is compensable. The burden shifts to the employer to produce substantial evidence to overcome the presumption. This makes Hawaii one of the more worker-favorable systems in the country.

Hawaii workers' comp attorney fees are subject to DLIR approval under HRS § 386-94. Third-party tort claims run on standard 33–40% contingency outside the comp system.

Generally no — exclusive remedy under HRS § 386-5. Narrow intentional-tort exception. Third-party claims against non-employers are not barred.

Yes — Hawaii includes tips and service charges in average weekly wage under HRS § 386-51 when properly documented. Many adjusters under-calculate; an attorney captures the full earnings record.

Many Hawaii construction and service workers are federal contractors at Pearl Harbor, Hickam, Schofield, or Joint Base Pearl Harbor-Hickam. Coverage may flow under Hawaii comp, the Defense Base Act (federal), or LHWCA — jurisdiction must be analyzed.

Why Do You Need a Workers' Compensation Attorney in Hawaii?

Hawaii's Workers' Compensation Law (HRS § 386-1 et seq.) is administered by the Disability Compensation Division of the Department of Labor and Industrial Relations (DLIR). Hawaii gives workers significant doctor-choice rights and uses a presumption of compensability under HRS § 386-85 that shifts the burden to the employer to disprove the work connection. Hawaii's tourism, agriculture, military-contractor, and shipping industries generate distinct injury patterns. Pacific Islander and Filipino workforce participation is high; language and immigration concerns add complexity. Attorney fees are subject to DLIR approval under HRS § 386-94. An experienced attorney protects the presumption, secures the right impairment rating, and preserves third-party claims.

When Do You Need a Workers' Compensation Attorney in Hawaii?

Our network includes Hawaii workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in Hawaii

From the moment you connect with a Hawaii workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 2-year filing deadline under § 386-82

Failing to invoke the presumption of compensability under § 386-85

Filing under state comp when Defense Base Act or LHWCA applies

Accepting AWW calculated without tips and service charges

Settling before reaching MMI and addressing future medical needs

Ignoring a third-party claim against contractors, drivers, or equipment makers

Missing the 2-year filing deadline under § 386-82

Failing to invoke the presumption of compensability under § 386-85

Filing under state comp when Defense Base Act or LHWCA applies

Accepting AWW calculated without tips and service charges

Settling before reaching MMI and addressing future medical needs

Ignoring a third-party claim against contractors, drivers, or equipment makers

Common Hawaii Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Hawaii Workers' Compensation Attorneys Cost?

20%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Hawaii workers' comp attorney fees are subject to DLIR approval under HRS § 386-94, typically running around 20% of the recovery. Third-party tort claims (motor-vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

What Can Your Hawaii Workers' Compensation Compensation Include?

Medical Benefits

Reasonable and necessary medical treatment under HRS § 386-21, including future medical when needed for the injury.

Temporary Total Disability (TTD)

66 2/3% of average weekly wage under HRS § 386-31, capped at the state weekly maximum.

Temporary Partial Disability

Wage-loss benefits under § 386-32 when worker returns to lower-paying modified duty.

Permanent Partial Disability (PPD)

Scheduled and unscheduled awards based on AMA Guides impairment under HRS § 386-32.

Permanent Total Disability (PTD)

66 2/3% of AWW for life when the worker can't return to gainful employment, under § 386-31.

Death Benefits

Benefits to surviving spouse and dependents under HRS § 386-41, plus burial expenses.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Hawaii Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in Hawaii?

When Do You Need a Workers' Compensation Attorney in Hawaii?

Types of Workers' Compensation Cases in Hawaii

Common Hawaii Workers' Compensation Mistakes

How Much Do Hawaii Workers' Compensation Attorneys Cost?

What Can Your Hawaii Workers' Compensation Compensation Include?

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