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HRS §386-124

What workers' comp insurance policies must cover

This section says that workers' compensation insurance policies must cover the employer's full liability to its workers. The policy must let workers enforce their rights in their own names, and payments made by either the employer or insurer count against the other. All policies must use a standard form approved by the insurance commissioner.

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The statute, as written — The insurance contract

Every policy of insurance issued by an insurer of an employer referred to in section 386-1 which covers the liability of the employer for compensation shall cover the entire liability of the employer to the employer's employees covered by the policy or contract, and provide for the deductible under section 386-100, at the option of the insured. The policy also shall contain a provision setting forth the right of the employees to enforce in their own names either by filing a separate claim or by making the insurance carrier a party to the original claim, the liability of the insurance carrier in whole or in part for the payment of the compensation. Payment in whole or in part of compensation by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid. All insurance policies shall be of a standard form, the form to be designated and approved by the insurance commissioner. No policy of insurance different in form from the designated and approved form shall be approved by the director.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§386-1 Key terms and definitions for workers' compensation

§386-100 Choosing a deductible for workers' comp medical benefits

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.