HRS §386-81
Notice of injury and when missing it is okay
You must tell your employer about a work injury as soon as you can, in writing. If you do not, you may still get workers' compensation if the employer knew, provided medical care, or you had a good reason. The employer loses the right to complain if they wait too long.
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The statute, as written — Notice of injury; waiver
No proceedings for compensation under this chapter shall be maintained unless written notice of the injury has been given to the employer as soon as practicable after the happening thereof. The notice may be given by the injured employee or by some other person on the employee's behalf. Failure to give such notice shall not bar a claim under this chapter if[:] (1) The employer or the employer's agent in charge of the work in the place where the injury was sustained had knowledge of the injury; (2) Medical, surgical, or hospital service and supplies have been furnished to the injured employee by the employer; or (3) For some satisfactory reason the notice could not be given and the employer has not been prejudiced by such failure. Unless the employer is prejudiced thereby notice of injury shall be deemed to have been waived by the employer if objection to the failure to give such notice is not raised at the first hearing on a claim in respect of such injury of which the employer is given reasonable notice and opportunity to be heard. [L 1963, c 116, pt of §1; Supp, §97-90; HRS §386-81; gen ch 1985] Revision
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