Why was my claim denied?

Common reasons include late notice to employer, disputes over whether the injury is work-related, pre-existing condition arguments, and missed deadlines [§ 386-82].

Can I appeal a denial?

Yes. Claims heard by the Disability Compensation Division; appeal to Labor and Industrial Relations Appeals Board [§ 386-86]. Appeal to the Labor and Industrial Relations Appeals Board (LIRAB), then to the Hawaii Intermediate Court of Appeals.

What is an IME and can it affect my denial?

Employer may request an IME; the Division may also order one [§ 386-79]. The IME results can be used to support or overturn a denial.

How long does the appeal process take?

Timelines vary by case complexity and hearing office backlog. Appeals to higher courts can take longer.

Should I get an attorney for a denied claim?

Strongly recommended. Denied claims involve complex medical and legal issues, and an experienced attorney can navigate the dispute resolution process effectively.

Topic guideUpdated 2026-02-27

Denied Workers' Comp Claims in Hawaii — Your Options

What to do when your Hawaii workers' compensation claim is denied, including dispute resolution and appeals.

Having your workers' compensation claim denied does not mean you have no options. In Hawaii, you have the right to challenge a denial §386-86.

Common Reasons for Denial

Claims are frequently denied for these reasons:

Late notice to employer (must be within As soon as practicable after the injury) §386-81

Dispute over whether the injury is work-related

Pre-existing condition arguments

Missed medical appointments or non-compliance with treatment

Filing deadline expired (2 years after the effects of the injury become manifest, and within 5 years after the date of the accident) §386-82

The Dispute Resolution Process

Claims heard by the Disability Compensation Division; appeal to Labor and Industrial Relations Appeals Board §386-86.

Appeals

Appeal to the Labor and Industrial Relations Appeals Board (LIRAB), then to the Hawaii Intermediate Court of Appeals.

Independent Medical Examination (IME)

Employer may request an IME; the Division may also order one §386-79. The IME results can significantly impact your claim.

⚠If the insurer requests an IME, you must attend. Failure to appear can result in suspension of benefits.

✓Before attending an IME arranged by the insurer, consult with an attorney. You have the right to have your own medical evidence reviewed and considered.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

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Common Questions