Hawaii Injuries

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Glossary

permanent total disability

Will I ever be able to work again? That is usually the question behind permanent total disability. It means an injury or illness has reached a lasting stage where the person is not expected to recover enough to return to any regular, gainful work. "Permanent" means the condition is lasting, and "total" means the worker is unable to earn wages in a meaningful way, not just unable to do the same job as before.

In practice, this label matters because it can change the level and duration of workers' compensation benefits. A worker with a temporary disability may receive benefits for a limited period while healing. A worker found permanently and totally disabled may qualify for long-term or lifetime wage-replacement benefits, along with covered medical treatment, depending on the state's rules and the facts of the case. Disputes often focus on medical opinions, work restrictions, job history, and whether any suitable employment is realistically available.

In Hawaii, permanent total disability is governed by Hawaii's Workers' Compensation Law, Haw. Rev. Stat. Chapter 386, and claims are handled through the Hawaii Department of Labor and Industrial Relations. The issue can affect settlement value, ongoing benefits, and whether the employer or insurer challenges the claim through an independent medical examination or hearing. Hawaii's 51 percent modified comparative fault rule applies to negligence lawsuits, not ordinary workers' comp claims, which are generally no-fault.

by Kimo Aiona on 2026-03-25

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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