If you are hurt at work in Hawai‘i, you may be entitled to certain benefits through the workers’ compensation system. This no-fault system provides medical benefits, wage loss payments, and other benefits to injured workers. Depending on the facts of your case, you may also be able to file a lawsuit against a third party who is responsible for your injuries.
Suffering an injury at your workplace can be a life-altering event, leaving you with physical, emotional, and financial challenges. As a dedicated plaintiffs’ personal injury law firm, we are here to support you on your journey to seek justice and fair compensation for your workplace injuries. Our mission is to guide you through the legal process, empower you with knowledge, and help you regain control of your life.
At Miyashita & O’Steen, we represent injured workers throughout all counties and islands of Hawai‘i. We understand the intricacies of Hawai‘i’s workers’ compensation and personal injury systems and can help you navigate them so that you can get top dollar for your claim. To learn more or to schedule a free initial consultation with a Honolulu workplace injury lawyer, reach out to our law firm today.
Understanding Workplace Injuries
Workplace injuries can happen in any industry or occupation. From slip and falls to repetitive stress injuries, exposure to harmful substances, and accidents involving machinery, you have the right to a safe work environment. When negligence or safety violations result in an injury, you deserve compensation.
According to the Occupational Safety and Health Administration (OSHA), some types of workplace injuries happen more frequently than others. This includes:
- Slips, trips, and falls
- Overexertion
- Struck by moving objects
- Falls from heights
- Contact with objects and equipment
- Musculoskeletal disorders (such as back pain)
- Electrocutions
- Workplace violence
- Repetitive motion injuries (such as carpal tunnel syndrome)
While workplace injuries can happen at more dangerous job sites (such as construction), people can be hurt in any line of work. They may also develop occupational illnesses, such as respiratory problems from inhaling toxic chemicals. The most important thing to understand is that if you are hurt or get sick because of your job, you might be entitled to compensation.
In Hawai‘i, most full-time and part-time employees who are injured or become ill because of their job are entitled to workers’ compensation benefits. Workers’ comp is a no-fault system. This means that you do not have to prove that your employer did something wrong to recover benefits. It is enough to show that you suffered an accident or illness that arose out of your employment.
Workers’ compensation is also an exclusive remedy. With some exceptions, this means that you typically cannot file a lawsuit against your employer for any injuries you suffer at work. Instead, you can get medical care, lost wage payments, and certain other benefits through your company’s workers’ compensation insurance.
It may still be possible to file a lawsuit against someone other than your employer for on-the-job injuries. For example, if you were involved in a car accident while working, you could seek workers’ comp benefits from your employer and also file a third-party lawsuit against the at-fault driver. Unlike a workers’ compensation claim, you would have to prove fault in a personal injury claim. Our skilled Hawai‘i personal injury lawyers can help you understand your rights and help you get top dollar for your losses.
Your Rights as an Injured Worker
Injured workers have the right to seek compensation for various damages, including:
- Medical expenses: Costs for treatment, medication, rehabilitation, and ongoing care.
- Lost wages: Compensation for time off work during recovery.
- Pain and suffering: Physical and emotional distress resulting from the injury.
- Permanent disability: Compensation for long-term or permanent impairments.
- Retraining costs: If the injury prevents you from returning to your previous job.
- Death benefits: if a worker dies as a result of a work-related injury, their loved ones are entitled to funeral and burial expenses plus lost wages.
Under Hawai‘i’s workers’ compensation laws, injured workers cannot seek compensation for things like pain and suffering (non-economic damages). Instead, they are limited to the benefits provided by the workers’ compensation system: medical treatment, temporary total disability, temporary partial disability, permanent partial disability, permanent partial disability, disfigurement, and vocational rehabilitation.
However, it may be possible to seek additional compensation if a third party caused your injuries. Through a personal injury lawsuit, you may be able to seek money for a broader array of losses, including emotional distress, loss of enjoyment of life, and pain and suffering. While damages for physical pain and suffering are capped at $375,000 in Hawai‘i, a third-party lawsuit may offer an avenue for additional compensation that would otherwise not be available to you.
It can be difficult to understand what your rights are when you are dealing with a workplace injury or illness. Our law firm offers free initial consultations so that you can better understand your options. Reach out today to talk to one of our Hawai‘i workplace injury lawyers.
Navigating Workers’ Compensation
In many cases, workers’ compensation provides financial benefits to employees injured on the job. While workers’ comp offers certain benefits, it may not fully cover all your losses. Additionally, in some cases, you may be able to pursue a personal injury claim against a third party whose negligence contributed to your injury.
Third-Party Liability Claims
If a third party, such as a manufacturer of faulty equipment or a subcontractor, played a role in your workplace injury, you may have the right to file a personal injury lawsuit against them. This allows you to seek compensation beyond what workers’ compensation provides.
What Should I Do If I Am Injured at Work in Hawai‘i?
If you are hurt while at work, then there are a few steps that you should take to protect your right to compensation. If you can do so, immediately report the injury to your manager or boss. You can make this report orally or in writing.
When you make the report, be sure to tell your supervisor the date and time of the injury and the circumstances that led to it. Remember that even if you think that the accident wasn’t your employer’s fault, you are still covered by workers’ compensation.
If your work injury causes you to miss more than one day of work or requires medical treatment beyond regular first aid, then your employer is required to inform the Hawai‘i Disability Compensation Division (DCD) about it within 7 working days. They are also required to give you a copy of the completed form that they submitted to the state, “Employer’s Report of Industrial Injury/Illness.” If you don’t receive a copy of this form, you can contact DCD directly.
After reporting your injury, you should seek appropriate medical treatment for your injury. In Hawai‘i, you can obtain treatment from a doctor of your choice who is practicing on the island where you reside. This doctor will be considered your attending physician, and you will receive care from them. They can refer you to other specialists with the approval of the workers’ compensation insurance company.
If your employer denies your claim for workers’ compensation benefits, you can file an Employee’s Claim for Workers’ Compensation Benefits (Form WC-5). You can also consult with a Honolulu workplace injury attorney to further discuss your rights and options.
In theory, workplace injuries should be fully covered by your employer’s workers’ compensation insurance. In practice, insurance companies may fight over the treatment that you should receive, when you should return to work, the extent of your disability, and more. Our law firm will advocate for your right to full benefits and take on the insurance company for you.
We can also evaluate your case to determine if a third party may be held liable for your injuries. For example, if you were injured by a faulty piece of equipment, we can advise you of your right to file a product liability lawsuit against the manufacturer or distributor. Our goal in each case is to help you get maximum compensation for your injuries.
Why Choose Us
When it comes to workplace injury lawyers, we know that you have a lot of options. Here are some reasons why we think that we stand out from the crowd:
- Experience: Our skilled personal injury attorneys have extensive experience handling workplace injury cases and we partner with experienced local counsel to help you navigate the complexities of workers’ compensation laws.
- Dedication: We are committed to protecting your rights and fighting for the compensation you deserve.
- Advocacy: Our team will build a strong case, collect evidence, consult experts, and negotiate on your behalf to secure the best possible outcome.
- Compassion: We understand the physical and emotional toll of workplace injuries. Our compassionate approach ensures you have the support you need.
If you are hurt while at work, then there are a few steps that you should take to protect your right to compensation. If you can do so, immediately report the injury to your manager or boss. You can make this report orally or in writing.
When you make the report, be sure to tell your supervisor the date and time of the injury and the circumstances that led to it. Remember that even if you think that the accident wasn’t your employer’s fault, you are still covered by workers’ compensation.
If your work injury causes you to miss more than one day of work or requires medical treatment beyond regular first aid, then your employer is required to inform the Hawai‘i Disability Compensation Division (DCD) about it within 7 working days. They are also required to give you a copy of the completed form that they submitted to the state, “Employer’s Report of Industrial Injury/Illness.” If you don’t receive a copy of this form, you can contact DCD directly.
After reporting your injury, you should seek appropriate medical treatment for your injury. In Hawai‘i, you can obtain treatment from a doctor of your choice who is practicing on the island where you reside. This doctor will be considered your attending physician, and you will receive care from them. They can refer you to other specialists with the approval of the workers’ compensation insurance company.
If your employer denies your claim for workers’ compensation benefits, you can file an Employee’s Claim for Workers’ Compensation Benefits (Form WC-5). You can also consult with a Honolulu workplace injury attorney to further discuss your rights and options.
In theory, workplace injuries should be fully covered by your employer’s workers’ compensation insurance. In practice, insurance companies may fight over the treatment that you should receive, when you should return to work, the extent of your disability, and more. Our law firm will advocate for your right to full benefits and take on the insurance company for you.
We can also evaluate your case to determine if a third party may be held liable for your injuries. For example, if you were injured by a faulty piece of equipment, we can advise you of your right to file a product liability lawsuit against the manufacturer or distributor. Our goal in each case is to help you get maximum compensation for your injuries.
Why Choose Us
When it comes to workplace injury lawyers, we know that you have a lot of options. Here are some reasons why we think that we stand out from the crowd:
- Experience: Our skilled personal injury attorneys have extensive experience handling workplace injury cases and we partner with experienced local counsel to help you navigate the complexities of workers’ compensation laws.
- Dedication: We are committed to protecting your rights and fighting for the compensation you deserve.
- Advocacy: Our team will build a strong case, collect evidence, consult experts, and negotiate on your behalf to secure the best possible outcome.
- Compassion: We understand the physical and emotional toll of workplace injuries. Our compassionate approach ensures you have the support you need.
Our law firm handles all workplace injury cases on a contingency fee basis. This means that you’ll never pay a fee unless we recover money for you. A contingency fee arrangement makes it possible for anyone to afford to hire a lawyer, even if you don’t have the extra cash to pay a retainer or an hourly fee.
We have a track record of success in workplace injury cases. While we can’t guarantee any results, we can promise you that we will work tirelessly to get full compensation for you.
Contact Us
If you’ve been injured at your workplace, don’t delay seeking legal help. We are here to provide you with a free consultation to discuss your case, evaluate your options, and guide you through the process. Your well-being is our priority, and we’re ready to fight for the justice and compensation you deserve. Contact us today to take the first step toward rebuilding your life after a workplace injury.
At Miyashita & O’Steen, we are dedicated to helping injured victims get the compensation that they deserve for their injuries. Whether you have been hurt at work or while enjoying a recreational activity, we will fight to get you the money that you deserve for your injuries. To learn more or to set up an appointment with a Honolulu workplace injury lawyer, call our law offices at 808-300-0068 or fill out our online contact form.
Related Areas of Practice
In addition to workplace injury cases, our experienced attorneys have handled other cases involving:
- Insurance Claims
- Misclassification of Employees
- Negligent Supervision and Training
- Overtime Wages Claims
- Premises Liability
- Product Liability
- Sexual Assault
- Toxic Torts
- Wrongful Death
- Wrongful Termination
Miyashita & O’Steen’s personal injury attorneys serve and operate in all counties and islands in Hawaiʻi. Whether you have been injured in Hilo, Honolulu, Kahului, Kailua-Kona, Lihue, Pearl City, Waimea, or Waipahu, or somewhere in between, our attorneys are here for you. Contact us today for a free consultation.