Hawaii Injuries

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My Honolulu boss told me use Medicare; can I still claim workers' comp?

$20,000 in hospital and rehab bills can disappear onto Medicare fast, and that is exactly why an insurer wants you to think the window is closed.

From the insurance side, the story is simple: you used Medicare, you kept working or retired, nobody filed the work paperwork, and now it is "too late." They may also act like your treatment at Queen's Medical Center was just regular health care, not a job injury, especially if the injury happened months or years ago.

Reality is more forgiving than that.

In Hawaii, a workers' comp claim is usually barred unless it is filed within 2 years of the injury, or within 2 years after you knew the condition was work-related. That matters if the connection was not clear right away, or if your employer steered you into Medicare and never reported it. The agency handling this is the Hawaii Department of Labor and Industrial Relations, Disability Compensation Division.

If your employer never properly reported the injury, you may still be able to file an Employee's Claim for Workers' Compensation Benefits and force the issue. A denial is not the end; you can request a hearing through DLIR.

A few other points matter:

  • In Hawaii, your employer does not get to force you to stay only with your personal insurance.
  • If you were hurt in a road crash while working - for example, hit by a grain truck or farm equipment on a steep route like Likelike Highway - you may have both a workers' comp claim and a separate third-party injury claim.
  • That third-party lawsuit usually has a 2-year deadline too.
  • If the other side says you were partly at fault, Hawaii's 51% bar applies: over 50% at fault means no recovery from that third party.

Medicare paying first does not erase a valid work claim. It usually means Medicare will want reimbursement if workers' comp should have covered those bills.

by Lisa Fernandez on 2026-04-04

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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