The Importance of Workers’ Compensation Part 2

by Dr. Arcelita Imasa

Can you please explain about Workers’ Compensation claims for work injuries?
– Reader

Dear Reader,

Here’s the continuation of the last issue’s Hawaii Workers Corner column.

The Hawai’i Workers Compensation Law (HR 386) requires employers to report injuries on WC-1 forms and to put an injured worker on paid leave and pay for her or his immediate medical care by the worker’s chosen physician.

The employer can NOT choose the treating physician for an injured worker. The physician or treating institution submits bills to the employer.

While the worker is on injury leave, she or he must be paid 2/3 of regular earnings including any overtime or temporary assignment pay. This paid compensation is tax-free, not taxable.

If an employer disputes a claim for compensation, the injured worker should request a hearing on the claim to seek total temporary disability (TTD) payments while on work-related injury or illness leave to recover.

The worker is also entitled to a final permanent partial disability (PPD) settlement once the injury/illness condition is stable and the worker is back on the job or retired.

Employers still often deny responsibility and reject claims. A hospital worker some years ago was compelled, due to lack of staffing, to work many extra hours each evening at the workplace.

After a week of working very long 12- to 16-hour shifts, he suffered an injury in an accident while driving home exhausted from work.

The employer denied that the long work hours had caused the accident an injury, but the state hearings officer ruled that the injury was work-related.

The illness of a janitor whose asthma was worsened by her work cleaning very dusty file cabinets was deemed to be work-related and compensable.

The claim of a Honolulu treatment plant mechanic whose hand was injured as he repaired some equipment was initially denied by the employer.

The employer claimed the worker was “negligent,” but it was shown at a hearing that his injury was not purposeful, and he had performed his task in the proper prescribed way.

His injury was deemed compensable and he was entitled to injury leave, medical treatment and compensation as well as a final settlement for any permanent injury.

If injured on the job or disabled due to a work-related illness, report your injury and get treatment from your medical provider. Make sure your employer files an injury report (WC-1 form) and places you on injury leave as necessary for whatever length of time is necessary for healing and recovery.

Choose your treating doctor and do not let the employer select the provider. It is the treating doctor who will give an estimate as to the extent of permanent disability on which final compensation will be partly based.

The treating physician needs to confirm the illness or injury is work-related. If the claim is denied by the employer, the injured employee should file a WC-5 form to request a hearing to get compensation. Any denied claim can be appealed to an appeals board.

If you need assistance, contact your union representative or reach out to the Hawaii Workers Center (phone number (503)967-5377 or (503)WORKERS) for advice.

We hope that helps!

Sincerely,
Hawaii Workers Center