Hiring a Workers' Compensation Lawyer in Hawaii
The limits on workers' comp lawyer fees in Hawaii, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Hawaii: fee rules
| Rules on contingency fees | Hawai'i requires the scope, fee basis or rate and expenses to be communicated in writing (except for regularly represented clients or matters costing $250 or less), and fee agreements may not call any fee non-refundable or earned on receipt. A contingent fee agreement must be in a writing signed by the client stating how the fee is figured, including percentages on settlement, trial or appeal, which expenses are deducted and whether before or after the fee is calculated, and clearly telling the client which expenses they owe regardless of outcome; at the end the lawyer must give a written statement of the outcome and the client's share. Under Rule 1.5(e), contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | Fee disputes are usually not handled by the lawyer discipline system unless a fee appears clearly unreasonable; they are referred to the Hawai'i State Bar Association's voluntary Fee Dispute Program, which is limited in scope and jurisdiction. Contact the program liaison at 808-792-7350 to see whether a dispute qualifies; forms come from the liaison. Mailing address: HSBA Fee Dispute Program, 1100 Alakea Street, Ste. 1000, Honolulu, HI 96813. |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection, created by the Hawai'i Supreme Court in 1981 and funded by an annual attorney fee, is a last resort for clients who lost money, property or other value through a Hawai'i lawyer's dishonest conduct (such as embezzlement, refusing to refund unearned fees, or borrowing with no intent or ability to repay). The lawyer generally must be deceased, bankrupt, incompetent, disbarred, suspended or resigned, convicted, gone from Hawai'i, or subject to a judgment for dishonest conduct. Negligence, malpractice and fee or service-quality disputes are not covered. Limits: up to $100,000 per claimant or $300,000 per attorney. The Judiciary page says claims must be filed within two years of the loss. Five Supreme Court-appointed trustees decide claims with help from ODC. |
Hawaii rules to know first
| Lawyer fee limits | Hawaii law does not require an injured worker to hire an attorney. Any attorney fees in a workers' comp case must be approved by the Disability Compensation Division and are usually a lien on your benefits. DCD provides an interpreter at no cost on request ((808) 586-9151). |
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| Deadline to challenge a denial | A decision of the Director of Labor and Industrial Relations becomes final unless a party files a written notice of appeal with the Labor and Industrial Relations Appeals Board (or with the department) within 20 days after a copy of the decision was sent to the parties. The Appeals Board's decision may then be appealed to the Intermediate Court of Appeals within 30 days after a certified copy of the decision or order is mailed. |
| Can you sue your employer? | Generally no: workers' comp rights and remedies exclude all other liability of the employer to the worker, the worker's spouse, dependents, next of kin or anyone else entitled to recover damages for the injury, whether under common law or otherwise. The statute's exception allows a civil lawsuit for sexual harassment or sexual assault and infliction of emotional distress or invasion of privacy related to it. Source: Haw. Rev. Stat. § 386-5 |
| Suing someone other than your employer | Yes. A worker may collect comp and also sue a third party (not the employer or a co-employee acting in the course of employment) who is liable for the injury, and must notify the employer in writing without delay, by personal service or registered mail, naming the court. If the worker has not sued within nine months after the injury, the employer is subrogated to the worker's rights (the worker may still sue or join). A settlement or release is invalid without the written consent of both employer and worker; from any recovery the employer is reimbursed for comp paid (less its share of fees and costs when the worker brought the suit) and may get a first lien, and the employer is then relieved of further comp up to the remaining net recovery. Source: Haw. Rev. Stat. § 386-8(a)-(i) |
| Filing a claim online | In Hawaii, report a work injury immediately (orally or in writing) to your supervisor or employer. If the injury causes at least one day of lost work or needs more than ordinary first aid, the employer must report it to the Disability Compensation Division (DCD) on Form WC-1 (Employer's Report of Industrial Injury/Illness) and give you a copy. If the employer denies the claim or does not file it, you may file Form WC-5, Employee's Claim for Workers' Compensation Benefits, with DCD. Appeals of DCD decisions must be filed in writing within 20 days of the mailing of the decision. DCD: (808) 586-9151; claim status (Oahu Facilitator's Unit) (808) 586-9161. |
Find and check a lawyer
| Lawyer referral service | The Hawaii State Bar Association's Lawyer Referral & Information Service (LRIS) gives you the names and contact information of panel attorneys who handle your type of matter. "The referrals are free"; you contact the referred attorney to learn whether they can help and to arrange their terms and costs. Phone (808) 537-9140, email LRIS@hsba.org, Monday-Friday 8:30 a.m.-4:30 p.m. |
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| Check that the lawyer is licensed | The Hawai'i State Bar Association (HSBA) Member Directory lists every lawyer licensed to practice law in Hawai'i. Search by first and last name; each profile shows basic contact information and whether the attorney can actively practice law in Hawai'i. The HSBA notes that using "Esq." does not mean a person is licensed. |
| Check discipline history or file a complaint | Complaints about Hawai'i lawyers go to the Office of Disciplinary Counsel (ODC) of the Disciplinary Board of the Hawai'i Supreme Court. Use ODC's optional sample form or a letter (one per lawyer), sign it, and mail or deliver the original to ODC, 201 Merchant Street, Suite 1600, Honolulu, HI 96813; fax and email are not accepted. Include the lawyer's name, the facts and dates, and any case number; send copies, not originals, of documents. Investigations are free to the complaining party and there is no filing deadline, though filing early is advised. Outcomes include dismissal, a private informal admonition or formal charges; serious sanctions are decided by the Hawai'i Supreme Court. The Disciplinary Board posts lists of disciplined and inactive attorneys. ODC: (808) 521-4591 or toll-free (888) 206-5622. Disciplined and inactive attorneys: https://dbhawaii.org/disciplined-hawaii-attorneys/ |
Free legal help
| Free legal aid | For people who cannot afford a lawyer, the Hawaii Judiciary lists the Legal Aid Society of Hawaii (the state's LSC-funded legal aid organization), which helps with divorce, public benefits, landlord-tenant and consumer problems: Oahu (808) 536-4302, Neighbor Islands toll-free 1-800-499-4302. Volunteer Legal Services of Hawaii helps with landlord-tenant, wills, domestic violence, divorce and other family matters: Oahu (808) 528-7046, Neighbor Islands toll-free 1-800-839-5200. The Judiciary also runs Self-Help Centers and Access to Justice Rooms. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Hawaii · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.