Hawaii Revised Statutes

Haw. Rev. Stat. § 386-95 (2026)

Reports of injuries, other reports, penalty.

✓ current as of July 2026

Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§386-95 Reports of injuries, other reports, penalty. Every employer shall keep a record of all injuries, fatal or otherwise, received by the employer's employees in the course of their employment, when known to the employer or brought to the employer's attention.

Within seven working days after the employer has knowledge of such injury causing absence from work for one day or more or requiring medical treatment beyond ordinary first aid, the employer shall make a report thereon to the director. The report shall set forth the name, address, and nature of the employer's business and the name, age, sex, wages, and occupation of the injured employee and shall state the date and hour of the accident, if the injury is produced thereby, the nature and cause of the injury, and such other information as the director may require.

By January 31 of each year, the employer shall file with the director a report with respect to each injury on which the employer is continuing to pay compensation, showing all amounts paid by the employer on account of the injury.

The reports required by this section shall be made on forms to be obtained from the director pursuant to section 386-71 and deposit of reports in the United States mail or by electronic means as approved by the director, addressed to the director, within the time specified shall be deemed compliance with the requirements of this section.

When an injury results in immediate death, the employer shall within forty-eight hours notify personally or by telephone a representative of the department in the county where the injury occurred.

Within thirty days after final payment of compensation for an injury, the employer shall file a final report with the director showing the total payments made, the date of termination of temporary total disability, and such other information as the director may require.

Any employer who wilfully refuses or neglects to file any of the reports or give any notice required by this section shall be fined by the director not more than $5,000.

Copies of all reports, other than those of fatal injuries, filed with the director as required by this section shall be sent to the injured employee by the employer. [L 1963, c 116, pt of §1; am L 1965, c 59, §1; Supp, §97-110; am L 1966, c 7, §2; HRS §386-95; am L 1973, c 10, §1; am L 1982, c 51, §1; gen ch 1985; am L 1988, c 37, §3; am L 1993, c 254, §1; am L 2002, c 221, §1; am L 2016, c 187, §2]

Case Notes

Failure of employer to file form reporting employee's injury does not toll statute of limitations. 68 H. 111, 706 P.2d 13 (1985).

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1973–2025 · leading case: Potter v. Hawaii Newspaper Agency, 974 P.2d 51 (Haw. 1999).

Sort: Relevance Newest Treatment

Potter v. Hawaii Newspaper Agency, 974 P.2d 51 (Haw. 1999). · cites it 8× “Therefore, even assuming that the HNA’s “WC-1 Employer’s Report of Industrial Injury,” which ostensibly — albeit belatedly by many months — was filed pursuant to the requirements of HRS § 386-95 (1993), 2 could be construed as a “claim” for benefits, the’ record contains no…”

Fonseca v. Pac. Constr. Co., Ltd., 513 P.2d 156 (Haw. 1973). · cites it 4× “Moreover, they apparently kept no records of injuries received by Fonseca, as HRS § 386-95 requires of all employers. In short, Fonseca's compensation rights as an employee of a subcontractor in no way depended upon the labeling of the general contractor as his employer.”

Asato v. Meadow Gold Dairies-Hawaii, 706 P.2d 13 (Haw. 1985). · cites it 8× “On appeal, claimants-appellants contend that the statute of limitations under HRS § 386-82 was tolled because the employers failed to file WC-1 forms as required by HRS § 386-95. 2 Claimants-appellants further contend that the statute of limitations does not bar the claims…”

Yadao v. State, 366 P.3d 1041 (Haw. App. 2016). · cites it 2× “Upon receipt of Yadao’s WC-5, the Department of Labor and Industrial Relations requested that Yadao file a WC-1 pursuant to HRS § 386-95 (2015). On or around July *167 29, 2011, Yadao filed a WC-1: Employer’s Report of Industrial Injury for the March 17, 2011 injury.”

Webb v. OSF Int'l, Inc. ICA s.d.o., filed 03/13/2024 [ada], 154 Haw. 85. Application for Writ of Certiorari, filed 05/01/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 06/12/2024 [ada]. (Haw. 2025). · cites it 10× “” 2 HRS § 386-95 (2015) sets out requirements for employers to report work injuries to the Director, including that “[b]y January 31 of each year, the employer shall file with the director a report with respect to each injury on which the employer is continuing to pay…”

Kelly v. Metal-weld Specialties, Inc., 192 P.3d 613 (Haw. App. 2008). · cites it 13× “ory duty to provide coverage; 3) cumulative procedural irregularities and misrepresentations resulted in undue prejudice to Kelly; 4) the LIRAB should have consolidated his appeal involving Metal-Weld/HEMIC with his appeal involving Metal-Weld/HIH/HIGA and Metal-Weld/Mullen; and…”

Chung v. Food Pantry, Ltd., 627 P.2d 288 (Haw. App. 1981). · cites it 2× “In these circumstances and in light of the purposes of the statute, we see no bar in the delay as a matter of law.”

Novak v. Cnty. of Hawai'i (Haw. App. 2025). · cites it 4× “5 HAR 12-10-75 also lists HRS § 386-95, which governs reports of injuries and other reports by employers, but does not discuss orders compelling medical examination or appealability.”

Costa v. Cnty. of Hawai'i. ICA s.d.o., filed 02/23/2024 [ada], 154 Haw. 40. ICA Order of Corr., filed 02/27/2024 [ada]. Application for Writ of Certiorari, filed 05/17/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 07/10/2024 [ada]. (Haw. 2025). · cites it 2× “HRS § 386-95 (Supp. 2002). The WC-1 filed by the County was dated September 19, 2012, more than three months after Costa first reported his injury to the County.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.