Claims Kit

Penalties for Late Reporting  HRS 386-95

Employers who fail to submit the WC-1 reports on a timely basis are subject to fines of up to $5,000. Failure of employer to file form reporting employee's injury does not toll statute of limitations.

Posting Requirements HRS 386-99

Each employer must post and maintain in places readily accessible to employees a printed statement concerning benefit rights, claims for benefits, and such other matters relating to the administration of the workers' compensation law. Each employer must furnish within (3) working days of notice of injury to each injured employee a copy of the brochure, Hawaii Workers' Compensation Law (Highlights).

Reporting of claim by Employer  HRS 386-95 

The Employer's Report of Industrial Injury (WC-1) must be filed within seven (7) working days of the employee's notification to the employer of any injury causing absence from work of one day or more, or which requires medical treatment beyond first aid.

Submit original and first copy of the WC-1 to DCD if the accident occurred on Oahu. If the accident occurred on a neighbor island, the original and first copy shall be sent to the appropriate district office of the Department of Labor and Industrial Relations. Effective 7/1/2016, Employers or insurance carriers may file by electronic means as approved by the director.

The form must be signed in ink. The signature of the person signing the form constitutes a certification that the person has read form and that, to the best of the individual's knowledge, information, and belief, all information contained in the form is true. 12-10-61

A copy of this report must be furnished to the injured employee.

When an injury results in immediate death, the employer must within 48 hours notify personally or by telephone a representative of the department in the county where the injury occurred.

Physician Selection              HRS 386-21

The employee may obtain medical treatment from a physician of their choice. However, they may be under the care of only one attending physician. The attending physician may refer the employee to other specialist(s) with the approval of the employer's insurance carrier.

The employee may change their attending physician once, but must notify the insurance carrier before making the change. Any other changes in attending physician require approval from the insurance carrier before the change.