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★ Hawaii · workplace

Workplace settlements
in Hawaii.

By 9 min read

Hawaii comp pays two thirds of your average weekly wage after a three day wait. A Kauai worker who fell on a stairway settled with the building owner for $200,000, and the Supreme Court made the comp insurer pay its full share of her $89,140.17 in fees and costs. A quarry worker hurt at work kept a wilful and wanton misconduct claim against his supervisor alive on appeal.

Facts that decide a workplace claim in Hawaii

Comp rateSixty-six and two-thirds percent of your average weekly wage, up to a yearly maximum, after a three day waiting period.Disability Compensation Division FAQ
Co-employee suitsA co-worker is not immune “if the personal injury is caused by his wilful and wanton misconduct.”Haw. Rev. Stat. § 386-8, quoted in Abadilla v. Iwata (Haw. 2013)
Deadline to sueTwo years after the claim accrues; for a car crash, the later of that or two years after the last no-fault or comp payment.Haw. Rev. Stat. §§ 657-7, 431:10C-315, quoted in Darny (Haw. App. 2025)
★ band · US federal frame
Scheduled statutory benefits, no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Hawaii's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your workplace claim in Hawaii. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own workplace case in about two minutes, no cost and no obligation.

Check my case
★ HI · reported workplace outcomes

What Hawaii courts have awarded.

Real Hawaii decisions and verdicts, each linked to the court record or official report.

  • Moranz v. Harbor Mall
    Hawaii Supreme Court · 2022
    $200,000 settlement; insurer owes $89,140.17 of fees and costs

    Patricia Moranz fell on a stairway near her job in Lihue, Kauai, in August 2012 and received comp medical, wage and rehabilitation benefits. She sued the building owner, Harbor Mall, and settled for $200,000 in 2016. The comp insurer sought repayment. The Supreme Court held it owed its full share of her fees and costs, based on $63,245.41 paid and $125,816.72 in future benefits.

  • Abadilla v. Iwata
    Hawaii Supreme Court · 2013
    Wilful and wanton claim sent back

    Francisco Abadilla worked at a rock quarry whose impactor crusher had exploded months earlier when a blow bar came loose. He was later injured at work, and sued the company president and general manager, who was also his co-employee and in charge of safety and maintenance. The appeals court found questions of fact on wilful and wanton misconduct and revived his claims; the Supreme Court sent the case back to it to sort out his other theories.

★ HI · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Hawaii.

  1. 1

    A third party settlement must repay comp, but the insurer shares the legal fees, as Moranz shows.

  2. 2

    A prior failure of the same machine can support a wilful and wanton claim against a supervisor.

  3. 3

    Report the injury promptly so the three day waiting period starts.

★ HI · statute of limitations
2 years from date of injury

Haw. Rev. Stat. § 657-7

★ HI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ HI · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Hawaii.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Hawaii's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Hawaii · you are hereModified comparative, 51% bar2 years from date of injury—
IdahoModified comparative, 50% bar2 years from date of injuryID · workplace →
MontanaModified comparative, 51% bar3 years from date of injuryMT · workplace →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · workplace →
OregonModified comparative, 51% bar2 years from date of injuryOR · workplace →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace →
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · workplace →
IndianaModified comparative, 51% bar2 years from date of injuryIN · workplace →
IowaModified comparative, 51% bar2 years from date of injuryIA · workplace →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · workplace →
KansasModified comparative, 50% bar2 years from date of injuryKS · workplace →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · workplace →
★ HI · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of HI
Hawaii overview

Fault rule, statute, caps, and key facts for Hawaii as a whole.

★ federal frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Hawaii's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Hawaii. See /methodology, /sources, and /disclaimer.