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.
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.
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.
Certain employees are also exempt from workers’ comp coverage requirements, including:
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.
Here are several examples of how workers' compensation insurance coverage helps pay expenses for injured workers:
Additionally, here's what your workers' comp policy won't cover:
The average cost of workers’ compensation nationwide is $45 per month.
Your workers' comp premium is calculated based on a few factors, including:
There are a few ways for Hawaii employers to purchase a workers' compensation insurance policy:
Insurance providers use a specific formula for calculating workers' comp premiums:
Here's a breakdown of this equation:
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.
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:
Explore the State of Hawaii's Disability Compensation Division's FAQs for details.
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.
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:
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.
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).
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.
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.