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Workers' Comp Settlements in Hawaii

Whether a workers' comp claim can be settled in Hawaii, who must approve the settlement, and how long benefits can last.

Short answer: Yes, but a compromise of a claim pending before the Director of Labor and Industrial Relations is valid only if the Director approves it by decision as conforming to the workers' compensation law. Haw. Rev. Stat. §§ 386-78, 386-54

SettlementsYes, but a compromise of a claim pending before the Director of Labor and Industrial Relations is valid only if the Director approves it by decision as conforming to the workers' compensation law. A compromise during an appeal cannot be approved until the Director has been notified of the proposed terms and had a chance to be heard. Separately, on application of the injured worker, dependents or employer, the Director may order weekly benefits converted (commuted) into a lump sum if it is in the worker's or dependents' best interest and does not impose undue hardship on the employer.
How long benefits lastTemporary total disability benefits are paid for the duration of the disability (not including the first three calendar days); the statute does not set a maximum number of weeks. Temporary total benefits may be stopped only by order of the Director of Labor and Industrial Relations or when the employee is able to return to work, and an employer ending benefits because the employee can work must give at least two weeks' written notice before the last payment.
Lawyer fees in comp casesHawaii 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).

Where to get help in Hawaii

More Hawaii workers' compensation

FAQ

How do workers' comp settlements work in Hawaii?
Yes, but a compromise of a claim pending before the Director of Labor and Industrial Relations is valid only if the Director approves it by decision as conforming to the workers' compensation law. A compromise during an appeal cannot be approved until the Director has been notified of the proposed terms and had a chance to be heard. Separately, on application of the injured worker, dependents or employer, the Director may order weekly benefits converted (commuted) into a lump sum if it is in the worker's or dependents' best interest and does not impose undue hardship on the employer.
How long can you receive workers' comp in Hawaii?
Temporary total disability benefits are paid for the duration of the disability (not including the first three calendar days); the statute does not set a maximum number of weeks. Temporary total benefits may be stopped only by order of the Director of Labor and Industrial Relations or when the employee is able to return to work, and an employer ending benefits because the employee can work must give at least two weeks' written notice before the last payment.
How much can a workers' comp lawyer charge in Hawaii?
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).

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.