Can my employer fire me for filing a workers' comp claim?

No. Hawaii law prohibits employers from retaliating against employees who file workers' compensation claims [§ 386-142].

What counts as retaliation?

Retaliation includes termination, demotion, reduction in hours, threats, and any adverse employment action taken because you filed or pursued a workers' comp claim [§ 386-142].

How do I prove retaliation?

You must show a causal connection between your workers' comp claim and the adverse action. Timing, documentation, and inconsistencies in the employer's stated reasons are key evidence.

What remedies are available?

If retaliation is proven, you may be entitled to reinstatement, back pay, compensatory damages, and attorney fees [§ 386-142].

Should I report retaliation?

Yes. Document everything and consult with an employment or workers' compensation attorney as soon as possible.

Topic guideUpdated 2026-02-27

Hawaii Workers' Comp Retaliation — Know Your Rights

Legal protections against employer retaliation for filing workers' compensation claims in Hawaii.

Hawaii provides legal protection against employer retaliation for employees who file workers' compensation claims §386-142.

What Constitutes Retaliation?

Retaliation can take many forms, including:

Termination or firing after filing a claim

Demotion or reduction in hours

Threats or intimidation to discourage filing

Reassignment to undesirable duties

Creating a hostile work environment

Your Rights

Under Hawaii law, it is unlawful for an employer to discharge or discriminate against an employee for filing or pursuing a workers' compensation claim §386-142.

Proving Retaliation

To establish a retaliation claim, you generally must show:

You filed or intended to file a workers' compensation claim

Your employer took adverse action against you

There is a causal connection between the claim and the adverse action

The employer's stated reason for the action is pretextual

⚠Document everything. Keep copies of your claim filings, any communications from your employer, and notes about timing of adverse actions.

Remedies

If retaliation is proven, remedies may include reinstatement, back pay, attorney fees, and compensatory damages.

✓If you believe your employer is retaliating against you for filing a workers' compensation claim, consult with an employment attorney immediately.

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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