§386-95 Reports of injuries, other reports, penalty. Every employer shall keep a record of all injuries, fatal or otherwise, received by the employer's employees in the course of their employment, when known to the employer or brought to the employer's attention.
Within seven working days after the employer has knowledge of such injury causing absence from work for one day or more or requiring medical treatment beyond ordinary first aid, the employer shall make a report thereon to the director. The report shall set forth the name, address, and nature of the employer's business and the name, age, sex, wages, and occupation of the injured employee and shall state the date and hour of the accident, if the injury is produced thereby, the nature and cause of the injury, and such other information as the director may require.
By January 31 of each year, the employer shall file with the director a report with respect to each injury on which the employer is continuing to pay compensation, showing all amounts paid by the employer on account of the injury.
The reports required by this section shall be made on forms to be obtained from the director pursuant to section 386-71 and deposit of reports in the United States mail or by electronic means as approved by the director, addressed to the director, within the time specified shall be deemed compliance with the requirements of this section.
When an injury results in immediate death, the employer shall within forty-eight hours notify personally or by telephone a representative of the department in the county where the injury occurred.
Within thirty days after final payment of compensation for an injury, the employer shall file a final report with the director showing the total payments made, the date of termination of temporary total disability, and such other information as the director may require.
Any employer who wilfully refuses or neglects to file any of the reports or give any notice required by this section shall be fined by the director not more than $5,000.
Copies of all reports, other than those of fatal injuries, filed with the director as required by this section shall be sent to the injured employee by the employer. [L 1963, c 116, pt of §1; am L 1965, c 59, §1; Supp, §97-110; am L 1966, c 7, §2; HRS §386-95; am L 1973, c 10, §1; am L 1982, c 51, §1; gen ch 1985; am L 1988, c 37, §3; am L 1993, c 254, §1; am L 2002, c 221, §1; am L 2016, c 187, §2]
Case Notes
Failure of employer to file form reporting employee's injury does not toll statute of limitations. 68 H. 111, 706 P.2d 13 (1985).
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
386. Workers' Compensation Law
386-2 Definitions relating to family relationships.
386-5 Exclusiveness of right to compensation; exception.
386-6 Territorial applicability.
386-7 Interstate and foreign commerce and maritime employment.
386-8 Liability of third person.
386-8.5 Limits of third party liability.
386-9 Contracting out forbidden.
386-10 Out of state employers.
386-21 Medical care, services, and supplies.
386-21.5 Publication of fees by prepaid health care plan contractors.
386-21.7 Prescription drugs; pharmaceuticals.
386-22 Artificial member and other aids.
386-23.5 Services of attendant, allowance adjustments.
386-23.6 Weekly benefit adjustments for recipients of services of attendants.
386-24 Medical rehabilitation.
386-25 Vocational rehabilitation.
386-26 Guidelines on frequency of treatment and reasonable utilization of health care and services.
386-27 Qualification and duties of health care providers.
386-28 Opioid therapy; qualifying injured employees; informed consent process.
386-29 Qualifying injured employees; initial concurrent prescriptions; opioids and benzodiazepines.
386-33 Subsequent injuries that would increase disability.
386-41 Entitlement to and rate of compensation.
386-43 Duration of dependents' weekly benefits.
386-44 Effect of erroneous payment; insanity of beneficiary.
386-51 Computation of average weekly wages.
386-51.5 Limited liability in concurrent employment.
386-52 Credit for voluntary payments and supplies in kind.
386-53 Nonweekly periodic payments.
386-54 Commutation of periodic payments.
386-55 Trustee in case of lump sum payments.
386-56 Payment from the special compensation fund in case of default.
386-57 Legal status of right to compensation and compensation payments.
386-71 Duties and powers of the director in general.
386-73 Original jurisdiction over controversies.
386-73.5 Proceedings to determine employment and coverage.
386-79 Medical examination by employer's physician.
386-80 Examination by impartial physician.
386-81 Notice of injury; waiver.
386-82 Claim for compensation; limitation of time.
386-83 When claim within specified time is unnecessary or waived.
386-84 Limitation of time with respect to minors and mentally incompetent.
386-86 Proceedings upon claim; hearings.
386-87 Appeals to appellate board.
386-87.1 Standing to intervene in appeals.
386-89 Reopening of cases; continuing jurisdiction of director.
386-90 Conforming prior decisions on appeal.
386-91 Enforcement of decisions awarding compensation; judgment rendered thereon.
386-92 Default in payments of compensation, penalty.
386-94 Attorneys, physicians, other health care providers, and other fees
386-95 Reports of injuries, other reports, penalty.
386-96 Reports of physicians, surgeons, and hospitals.
386-98 Fraud violations and penalties.
386-99 Posting of information.
386-100 Deductible option for medical benefits in insurance policy.
386-121 Security for payment of compensation; misdemeanor.
386-123 Failure to give security for compensation; penalty; injunction.
386-124 The insurance contract.
386-124.5 Insurer's requirements; failure to maintain claims service office; penalty; injunction.
386-125 Knowledge of employer imputed to insurance carrier.
386-126 Insolvency of employer not to release insurance carrier.
386-127 Cancellation of insurance contracts.
386-128 Insurance by the State, counties, and municipalities.
386-129 Employees not to pay for insurance; penalty.
386-142 Employment rights of injured employees.
386-151 Special compensation fund established and maintained.
386-152 Levy and charges to finance special compensation fund.
386-153 Levy on insurers of employers insured under section 386-121(a)(1).
386-154 Charge against employers not insured under section 386-121(a)(1).
386-154.5 Special assessments.
386-161 Who entitled to compensation.
386-171 Volunteer personnel, medical, etc., expenses.
386-172 Administration and procedure.
386-173 Time for giving notice, etc.
386-193 Authority to act as workers' compensation self-insurance group.
386-195 Certificate of approval; termination.
386-197 Board of trustees; membership, powers, duties, and prohibitions.
386-198 Group membership; termination, liability.
386-201 Financial statements and other reports.
386-202 Misrepresentation prohibited.
386-204 Rates and reporting of rates.
386-206 Premium payment; reserves.
386-207 Deficits and insolvencies.
386-210 Cease and desist orders.