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HRS §386-85

Presumptions in favor of injured workers' claims

In a workers' compensation case, the law assumes the claim is valid unless strong evidence proves otherwise. It also assumes proper notice was given and the injury wasn't caused by the worker's drinking or intentional self-harm. These assumptions help the worker unless the employer shows different facts.

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The statute, as written — Presumptions

In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of substantial evidence to the contrary: (1) That the claim is for a covered work injury; (2) That sufficient notice of such injury has been given; (3) That the injury was not caused by the intoxication of the injured employee; and (4) That the injury was not caused by the wilful intention of the injured employee to injure oneself or another.
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.