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HRS §386-42

Who counts as a dependent for workers' compensation death benefits

This section says who can get income and indemnity benefits after a worker dies. It lists family members and conditions like age, school status, or financial dependence. It also says alien dependents living abroad must prove dependency each year.

childrendomestic partnersparentssurveyors

The statute, as written — Dependents

(a) The following persons, and no others, shall be deemed dependents and entitled to income, and indemnity benefits under this chapter: (1) A child who is: (A) Unmarried and under eighteen years; (B) Unmarried and under twenty years if the child is a full-time student at a high school, business school, or technical school, or unmarried and under twenty-two years if the child is a full-time undergraduate student at a college; (C) Unmarried and incapable of self-support; or (D) Married and under eighteen years, if actually dependent upon the deceased; (2) The surviving spouse or reciprocal beneficiary, if either living with the deceased at the time of the injury or actually dependent upon the deceased; (3) A parent or grandparent, if actually dependent upon the deceased; and (4) A grandchild, brother, or sister, if under eighteen years or incapable of self-support, and actually and wholly dependent upon the deceased. (b) A person shall be deemed to be actually dependent upon the deceased, if the deceased contributed all or a substantial portion of the living expenses of that person at the time of the injury. (c) Alien dependents not residing in the United States at the time of the injury or leaving the United States subsequently shall maintain annual proof of such dependency as required by the director of labor and industrial relations.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

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