Hawaii Worker's Compensation - Help For Injured Hawaii Workers

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  1. #1
    Join Date
    Sep 2008
    Posts
    15

    Default Disability Rating

    How does workers comp award for settlements....for instance 18% total whole body, surgery on neck,hip, seeing a psycologist, off of work 4 years already..and still suffering .... Just curious as how the process works... i've tried to read up on the Hawaii statues but does not understand it....Thanks for your help...

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Disability Rating

    i believe a whole person impairment rating is used to factor 312 weeks.
    something like 56 weeks.
    http://www.capitol.hawaii.gov/hrscur..._0386-0032.htm

  3. #3
    Join Date
    Sep 2008
    Posts
    15

    Default Re: Disability Rating

    I still dont understand how it is calculated....Does settlement go for whole body impairment or for separate parts of the body??? and how is it figured out???? Thank you!!!

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Disability Rating

    Whole person ... the whole body is rated, not the body part.

    take your % rating, X 312 X your weekly rate...that should give you an estimate fo the weekly indemnity benefits.

  5. #5
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Disability Rating

    Quote Quoting pain in the neck View Post
    I still dont understand how it is calculated....Does settlement go for whole body impairment or for separate parts of the body??? and how is it figured out???? Thank you!!!
    per the link I gave you
    "In cases in which the permanent partial disability must be rated as a percentage of the total loss or impairment of a physical or mental function of the whole person, the maximum compensation shall be computed on the basis of the corresponding percentage of the product of three hundred twelve times the effective maximum weekly benefit rate....

  6. #6
    Join Date
    Sep 2008
    Posts
    15

    Default Re: Disability Rating

    so in my case it would be 18%x312x my weekly benefit which is 385.00 would equal 2162160 is that correct???? doesnt sound right.......

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Disability Rating

    Easier probably to take the weekly rate...385 X 312 = $120,120.00. X's the 18% for a total indemnity benefit due in the amount of $21,621.60. 18% X 312 = approx 56 weeks of benefits.

    so in my case it would be 18%x312x my weekly benefit which is 385.00 would equal 2162160 is that
    your multiplication is correct...you just forgot the decimal points...

  8. #8
    Join Date
    Sep 2008
    Posts
    15

    Default Re: Disability Rating

    So I probably would be looking at around $22,000 for a settlement? What about other factors like total 4 surgeries and psychological care and years of total disability

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Disability Rating

    No. No money based on injury, or amount of treatment. IF there is provisions in the statutes for visible scarring that impairs your ability to work, or compete in the open labor market... possible some additional money.

    And. If you take a lump sum payment, don't expect the full value of the indemnity due.
    YOu could be paid in "todays dollars", meaning a % deduction the same base amount would earn over the time in an interest bearing account. You can wait for the money to 'grow' just like the ER/IC could.

    WC is about paying benefits... not settlements.

  10. #10
    Join Date
    Sep 2008
    Posts
    15

    Default Re: Disability Rating

    Ok thanks for all your help....i still dont get the system, but we'll see what happens as I may have to do another surgery and my limitations are so limited and have endured so many complications due to my injury at work...excuse my idiocracy in all this but I am learning slowly.....

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