Retaliation for Filing Workers' Comp in Hawaii
Whether an employer in Hawaii can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: It is unlawful for an employer to suspend or discharge an employee solely because of a compensable work injury, unless the employee can no longer perform their work because of the injury and the employer has no other available work for them. Disability Compensation Division, Frequently Asked Questions
| Retaliation for filing | It is unlawful for an employer to suspend or discharge an employee solely because of a compensable work injury, unless the employee can no longer perform their work because of the injury and the employer has no other available work for them. |
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| Appealing a denial | Issues that cannot be resolved by agreement go to a hearing before the Disability Compensation Division (request it with Form WC-77, Application for Hearing), which issues a decision. A party who disagrees must file a written appeal with the Labor and Industrial Relations Appeals Board, or at the nearest Division office, within 20 days of the mailing of the decision; a postmark by the deadline is not enough. |
Where to get help in Hawaii
More Hawaii workers' compensation
- Filing a Workers' Comp Claim in Hawaii
- How Much Workers' Comp Pays in Hawaii
- Workers' Comp Settlements in Hawaii
- Suing Over a Work Injury in Hawaii
- Appealing a Denied Workers' Comp Claim in Hawaii
- All Hawaii workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Hawaii?
It is unlawful for an employer to suspend or discharge an employee solely because of a compensable work injury, unless the employee can no longer perform their work because of the injury and the employer has no other available work for them.
How do you appeal a denied workers' comp claim in Hawaii?
Issues that cannot be resolved by agreement go to a hearing before the Disability Compensation Division (request it with Form WC-77, Application for Hearing), which issues a decision. A party who disagrees must file a written appeal with the Labor and Industrial Relations Appeals Board, or at the nearest Division office, within 20 days of the mailing of the decision; a postmark by the deadline is not enough.
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.