Workers’ Compensation

Frequently Asked Questions

  • Insurance companies do not necessarily do things that are in your best interest. A lawyer can protect your rights and benefits. Although insurance companies use adjustors to handle claims, most insurance companies have lawyers to defend against claims.

  • As Soon As Possible! A lawyer will help you preserve your rights and make sure you get the help and benefits your are entitled to. Many employers direct their injured employees to just got to some clinic that will not help in getting workers’ comp benefits. Leaving many injured employees hanging out to dry neglecting compensation and medical care.

  • Yes.  A settlement is obtained through negotiation with the insurance company if there is permanent disability (most injuries will result in some permanent disability). The Department of Labor may also award permanent disability benefits after a hearing.

  • It depends on the extent of your disability, which is based on a disability “rating.” Since the rating system limits your recovery, don’t expect to get rich on workcomp (there are no courts and lawsuits, and no money for pain & suffering or punitive damages).

  • Attorney’s fees are paid out of the client’s settlement or award. At our office, if there is no recovery, there is no fee. The Department of Labor sets the hourly rates for lawyers (and doctors) and must approve attorney’s fees in each case (so lawyers don’t get rich on workcomp either).

  • Out-of-pocket expenses such a payment for medications or other appliances, mileage, and other travel expenses incurred to attend doctors appointments are reimbursable.  Keep receipts.  When submitted to the adjuster, it takes anywhere from 8-12 weeks to get a check.

  • If due to your injuries you can never physically return to your job, you should be offered vocational rehabilitation and continue to receive temporary disability benefits. Vocational rehabilitation will assist in finding other employment or provide you with retraining in another field.

  • An “independent medical examination” is when you are examined by a doctor chosen by your employer or its insurance company. The purpose of the examination is usually to verify your injury and it work-related cause.

  • If your doctor releases you back to work, you should do so since the insurance company can seek to terminate your temporary benefits. (The fact that you returned to work should not prevent you from obtaining a future settlement or award.)

     

  • If due to your injuries you can never physically return to your job, you should be offered vocational rehabilitation and continue to receive temporary disability benefits. Vocational rehabilitation will assist in finding other employment or provide you with retraining in another field.

  • You must notify your employer that you were injured on the job and they will file your claim (form WC-l) with the State of Hawaii, Department of Labor.

  • You should file an employee’s claim (form WC-5) with the Dept. of Labor, and they will schedule a hearing to determine if your claim is compensable.  You should also file a doctor’s report of industrial injury (form WC-2) with the WC-5.

  • Basically, you must show that (1) you were an employee; (2) you were working at the time of your injury; and (3) your injuries are work-related (in other words, caused from trauma/incident/exposure at work).

  • Generally, you are entitled to: (1) payment for medical care; (2) temporary disability benefits for wage loss, which is 66% of your wages or the statutory maximum; (3) permanent disability benefits (via a settlement or award); and (4) vocational rehabilitation if you are unable to return to your job.

  • Generally, no. Workcomp is a ‘no-fault’ system, so you cannot sue your employer if you are injured because of your employer’s negligence.

  • No. Do they?  Yes. An employer cannot terminate a worker solely for the reason that the worker is on workcomp disability. However, employers can use any other reason to terminate employment. If you feel you have been fired solely because you filed a workcomp claim, you can file a complaint with the Wage and Standards Division of the Department of Labor.  You do not need an attorney to do this, but many people find it helpful to hire an attorney to represent them at a hearing.

  • Your primary doctor – not your lawyer – decides what medical care you should receive. You are allowed one primary care doctor of your choice, and that doctor can refer you to other providers for consultation or treatment.

  • Your doctor and other health care providers are required to follow the procedures set up in the Hawaii Fee Schedule.  When they do that, their bills will get paid if the employer has accepted liability for your injury.

  • If your doctor determines that you are unable to return to work because of your injuries, you are entitled to receive temporary disability benefits (66% of your wages up to the statutory maximum). Your doctor needs to inform the insurance company of your disability.  You need to obtain periodic – monthly – disability slips from your doctor.  It is a requirement of the Department of Labor that your doctor uses the Department of Labor form WC-2 to certify disability.  Failure to submit these can interrupt payment of your total temporary disability (“TTD”) benefit. 

  • It can sometimes take 3-9 months before liability is either voluntarily accepted by the employer or a hearings officer orders it.  Regardless when the determination is made, you will get back benefits to the date of the injury, less a statutory waiting period of 3 days.

  • Then you must request a hearing.  It can sometimes take 3-9 months before liability is either voluntarily accepted by the employer or a hearings officer orders it.  Regardless when the determination is made, you will get back benefits to the date of the injury, less a statutory waiting period of 3 days.

  • If you have no sick leave or vacation left to take, many people turn to state assistance such as TDI or welfare.  Your doctor can help you with the TDI benefits. But you will have to repay them if your workcomp claim is found compensable.