Workers’ Compensation Insurance in Hawaii
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Hawaii workers' compensation insurance

Hawaii law requires every business with employees to carry workers’ compensation insurance. This policy provides medical benefits for employees who are injured on the job.

Who needs workers’ compensation insurance in Hawaii?

Each state has different requirements for workers' compensation. Every business in Hawaii that has employees must have workers’ compensation insurance. This applies to all types of employees: full-time, part-time, permanent, or temporary.

However, there are several exemptions to Hawaii’s requirements for workers’ comp.

Even when it's not required, you should still consider carrying workers' comp coverage. It's usually a wise decision, as personal health insurance plans exclude coverage for work-related injuries.

Do Hawaii business owners need workers' comp coverage?

Certain business owners, officers, and executives are not required to carry coverage, including:

Members of limited liability companies (LLCs) are also exempt from workers’ compensation as long as they are a person (and not a business entity) and would stand to receive at least 50% of the LLC’s value if the firm were liquidated or sold.

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Are any employees exempt from workers' comp coverage requirements?

Certain employees are also exempt from workers’ comp coverage requirements, including:

  • Voluntary or unpaid workers for a church, charity, school, or nonprofit organization
  • Students working for a school, university, or college club in exchange for room, board, or tuition
  • Authorized ministers, priests, or rabbis
  • Domestic workers making less than $225 each calendar quarter
  • People providing domestic services to public welfare recipients
  • Some 25% stockholders
  • All 50% stockholders
  • Real estate salespersons and brokers compensated totally on the basis of commissions

Employers may decide to voluntarily cover excluded employees, which is a good idea given the potentially high cost of medical bills from a work injury.

Every business in Hawaii that has employees must have workers’ compensation insurance.

What does workers' comp cover for Hawaii businesses?

Here are several examples of how workers' compensation insurance coverage helps pay expenses for injured workers:

  • A barista burns their hand while preparing a hot beverage for a customer. Workers' comp covers their doctor's appointment and pain medication, as well as provides disability benefits to replace part of their lost wages while recovering.
  • A retail store employee slips on a wet floor and hits their head. In this instance, workers' compensation would cover their emergency room trip, head MRI, and any following medical expenses during their recovery.
  • A nurse trips on a cord in their patient's room and breaks their wrist. Workers' comp covers the cost of the emergency care, surgery, medications, and then two months of physical therapy to help them recover.
  • A janitor suffers from respiratory problems after years of using harsh cleaning chemicals. After filing a workers' comp claim, they receive permanent disability payments for their ongoing lung issues.

What does workers' compensation insurance not cover?

Additionally, here's what your workers' comp policy won't cover:

  • Injuries caused by intoxication, drugs, or company policy violations
  • Injuries claimed after a firing or layoff
  • Wages for a replacement worker
  • Occupational Safety and Health Administration (OSHA) fines

How much does workers' compensation insurance cost in Hawaii?

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The average cost of workers’ compensation nationwide is $45 per month.

Your workers' comp premium is calculated based on a few factors, including:

  • Payroll
  • Location, such as Honolulu, Maui, or Hilo
  • Number of employees
  • Industry and risk factors
  • Coverage limits and exclusions
  • Claims history

How do you buy workers' compensation coverage in Hawaii?

There are a few ways for Hawaii employers to purchase a workers' compensation insurance policy:

  • You can buy a policy from a private insurance company. You could contact each workers' compensation insurance carrier independently to compare their products and rates, but that's where agents and brokers like Insureon come in. As the nation's leading digital insurance agency, Insureon partners with 30+ top-rated insurance carriers to deliver the right coverage for your business. Fill out an easy online application to get started.
  • You can apply for self-insurance. This means you’ll pay for their own workers’ comp medical and rehabilitation costs rather than submit them to an insurance carrier.
  • You can buy insurance through a state fund. Hawaii offers businesses the option to get workers' comp coverage with the Hawaii Employers’ Mutual Insurance Company (HEMIC) if unable to acquire insurance from a private company.

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How are workers' comp premiums calculated?

Insurance providers use a specific formula for calculating workers' comp premiums:

Workers' compensation premium calculation formula

Here's a breakdown of this equation:

  • The classification rate reflects your employees' risk. Each worker has a classification code for the type of work they do. Insurers look up those codes in a database to find the associated rate, which is lower for office workers and higher for carpenters, tree trimmers, and others with a higher rate of injuries. Like most other states, Hawaii relies on the National Council on Compensation Insurance (NCCI) database.
  • The experience modification rate (EMR) reflects your business's risk. The average experience modification rate is 1.0, which means a business is similar in risk to others in its profession. Higher EMRs reflect higher risks, such as a history of claims. The EMR only comes into play for annual workers' comp premiums of at least $5,000, so it's not a factor for many small business owners.
  • The insurer multiplies these numbers with your payroll divided by 100 to come up with your workers' compensation rate. Workers' compensation audits are typically done each year to ensure your business pays the right premium for this coverage.

How can Hawaii business owners save money on workers' comp?

To save money on workers' comp insurance, it's important to make sure you classify your employees correctly. Employees with desk jobs or other jobs with a low risk of injury cost less to insure. This also helps you avoid misclassification fines.

In some cases, small business owners can choose to buy pay-as-you-go workers' compensation. This type of workers' comp policy has a low upfront premium, and lets you make payments based on your actual payroll instead of an estimated payroll. It's useful for businesses that hire seasonal help or have fluctuating numbers of employees.

A ghost policy is a cheap option in some states, though it's discouraged in Hawaii. A ghost policy is a workers' comp policy in name only. It provides no protection or medical benefits, but can fulfill contractual requirements for a workers' comp certificate at a reduced price.

Finally, a documented safety program can help lower workers' comp costs. A safer workplace means fewer accidents, which helps keep your premium low.

How does workers’ comp work in Hawaii?

Workers' compensation insurance covers the cost of medical treatment when an employee is injured on the job. It also provides disability benefits while the employee recovers.

Policies usually include employer's liability insurance, which can help cover legal expenses if an employee blames their employer for an injury. However, the exclusive remedy provision in most workers' comp policies prohibits an employee from suing their employer if they accept workers' comp benefits.

Workers' compensation benefits can cover:

  • The cost of all medical care related to the injury
  • Temporary total disability benefits
  • Permanent partial disability benefits
  • Permanent total disability benefits
  • Disfigurement benefits
  • Death benefits
  • Vocational rehabilitation

Explore the State of Hawaii's Disability Compensation Division's FAQs for details.

What are the penalties for not having workers’ comp insurance in Hawaii?

If an employer violates the Hawaii workers’ compensation law, it will be liable for fines and penalties of up to $100 per employee per day. Companies that fail to provide workers’ comp protection also leave themselves open to employee lawsuits to recover benefits that should have been paid.

Workers’ compensation death benefits in Hawaii

If an employee dies as a result of a work-related injury or illness, surviving dependents are eligible to receive death benefits.

In Hawaii, any family member who was financially dependent on the deceased worker can receive cash payments. This includes:

  • A spouse living with the injured employee when the injury occurred or who relied on the person financially
  • An unmarried child younger than 18 or a married child who relies on the worker financially
  • An unmarried child under age 22 who is a full-time student
  • An unmarried child regardless of age who is not financially independent

In Hawaii, the amount of a workers’ comp death benefit depends on which family members are applying for benefits. The total benefits paid for all family members can’t exceed two-thirds of the injured worker’s average weekly wages.

Death benefits in Hawaii end when a spouse passes away or gets remarried. When a spouse decides to remarry, the person can apply for a lump sum equal to two years of workers’ compensation benefits.

Hawaii workers’ compensation also provides funds toward payment of funeral costs.

Workers’ comp settlements in Hawaii

In Hawaii, workers who get sick or injured on the job often agree to a workers’ compensation settlement. This is a voluntary agreement between the employee and the employer to close out the case in return for the worker receiving a lump-sum payment. A settlement resolves a workers’ compensation claim fully and permanently.

Every Hawaii workers’ compensation settlement must be approved by the Disability Compensation Division (DCD).

Workers’ compensation statute of limitations in Hawaii

The statute of limitations for a Hawaii workers’ compensation claim is two years from the date at which an injury becomes apparent and five years from the date the accident caused the injury.

Find workers’ comp quotes with Insureon

If you are ready to buy a workers' compensation policy, start a free application with Insureon to compare quotes from top-rated insurance carriers. A licensed insurance agent will help answer your questions and explain your coverage options. Once you find the right policy, you can usually begin coverage and get your certificate of insurance in less than 24 hours.

Updated: December 16, 2024

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