Construction Site Injuries in Hawaii
Whether an injured construction worker in Hawaii can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Hawaii's workers' comp law makes comp the exclusive remedy against the employer for a work injury, excluding all other employer liability (with a statutory exception only for sexual harassment or sexual assault and related emotional distress or invasion of privacy). Haw. Rev. Stat. §§ 386-5, 386-8(a), (k)
| Construction site injuries | Hawaii's workers' comp law makes comp the exclusive remedy against the employer for a work injury, excluding all other employer liability (with a statutory exception only for sexual harassment or sexual assault and related emotional distress or invasion of privacy). An injured worker may still claim comp and also sue a third party, other than the employer or a co-employee acting in the course of employment, who is legally liable for the injury; a co-employee is not shielded if the injury results from wilful and wanton misconduct. |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant. Source: Haw. Rev. Stat. § 663-31 |
| Deadline to sue for an injury | A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued. Source: Haw. Rev. Stat. § 657-7 |
More Hawaii personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Hawaii
- Wrongful Death Lawsuits in Hawaii
- Medical Malpractice Rules in Hawaii
- Car Accident Claims in Hawaii
- Dog Bite Liability in Hawaii
- Slip, Trip and Fall Injuries in Hawaii
- Motorcycle Accident Claims in Hawaii
- Pedestrian Accident Claims in Hawaii
- Bicycle Accident Claims in Hawaii
- Uber and Lyft Accident Claims in Hawaii
- All Hawaii personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Hawaii?
Hawaii's workers' comp law makes comp the exclusive remedy against the employer for a work injury, excluding all other employer liability (with a statutory exception only for sexual harassment or sexual assault and related emotional distress or invasion of privacy). An injured worker may still claim comp and also sue a third party, other than the employer or a co-employee acting in the course of employment, who is legally liable for the injury; a co-employee is not shielded if the injury results from wilful and wanton misconduct.
Can you recover damages if you were partly at fault in Hawaii?
Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant.
What is the statute of limitations for personal injury in Hawaii?
A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued.
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.