COVID-19 Employer Workers’ Compensation FAQs

The below are questions and answers to frequently asked workers’ compensation questions by employers.  The Disability Compensation Division (DCD) will do all it can to best assist employers during this uncertain time.

I AM UNABLE TO PAY FOR MY WORKERS’ COMPENSATION PREMIUMS.  WHAT SHOULD I DO?

Please contact your workers’ compensation insurance carrier or legal counsel to discuss payment options.  Carriers have informed the DCD that many are willing to work with employers on payment options.

CAN I STOP PAYING MY WORKERS’ COMPENSATION PREMIUMS BECAUSE I LAID-OFF ALL OF MY EMPLOYEES?

Please contact your legal counsel or workers’ compensation insurance carrier to discuss this course of action, especially if you are only closed due to the COVID-19 pandemic or Stay at Home/Work from Home Order.  As a reminder, you are required by law to have workers’ compensation insurance.

IS COVID-19 A RECOGNIZED WORK-RELATED INJURY?

Yes, under certain circumstances, if the employee was exposed to or directly contracted COVID-19 in the course of his or her work duties.

AN EMPLOYEE INFORMED ME THAT S/HE WAS EXPOSED TO COVID-19.  WHAT SHOULD I DO?

If the employee reported being exposed to COVID-19 in the course of doing his or her work duties, please contact your insurance carrier to submit a WC-1 Employer’s Report of Injury and follow the OSHA Guidance on Preparing Workplaces for COVID-19.

If the employee reported being exposed to COVID-19 somewhere other than at work, please contact your insurance carrier and follow the OSHA Guidance on Preparing Workplaces for COVID-19.  You may also review the Families First Coronavirus Response Act: Employer Paid Leave Requirements to see if that information may apply to your situation.

AN EMPLOYEE INFORMED ME THAT S/HE NEEDS TO QUARANTINE DUE TO COVID-19.  WHAT SHOULD I DO?

If the employee is quarantining because of a work-related exposure or injury, please contact your insurance carrier and follow the OSHA Guidance on Preparing Workplaces for COVID-19.

If the employee is quarantining because of a non-work-related exposure or injury, please contact your insurance carrier and follow the OSHA Guidance on Preparing Workplaces for COVID-19.  You may also review the Families First Coronavirus Response Act: Employer Paid Leave Requirements to see if that information may apply to your situation.

IS THE DCD ISSUING WORKERS’ COMPENSATION HEARINGS DECISIONS?

The DCD is not issuing decisions at this time.  However, the DCD is processing stipulations.

MY WORKERS’ COMPENSATION HEARING WAS CANCELLED.  WHEN WILL THE HEARING BE RESCHEDULED?

The DCD will reschedule hearings at a later day.  The DCD will mail you a new Notice of Hearing.

I WANT TO APPEAL MY WORKERS’ COMPENSATION DECISION.  ARE YOU STILL ACCEPTING APPEALS?

Yes, at this time, the DCD is only accepting appeals via mail.  Governor David Y. Ige did not suspend the workers’ compensation law, so appeals must be filed in accordance with the law.

I WANT TO FILE A DOCUMENT.  ARE YOU STILL ACCEPTING DOCUMENTS?

Yes, at this time, the DCD is accepting documents via mail.  Authorized carriers who have previously filed WC-1s electronically may continue to do so.

WILL DCD WAIVE OR MODIFY REPORTING REQUIREMENTS AND TIME FRAMES?

The DCD cannot waive statutory requirements, but will consider the impact that COVID-19 had on the reporting requirements and/or time frames.  The DCD will require documentation to explain why certain actions or inactions occurred.  The DCD will consider these documented impacts when reviewing extensions of reporting requirements or time frames.

IF MY CONTACT INFORMATION CHANGES DURING THE COVID-19 PANDEMIC, WHAT SHOULD I DO?

Please provide written updated contact information to the DCD via mail.

HOW TO CONTACT DCD

WORKERS’ COMPENSATION UNIT: (808) 586-9161

TEMPORARY DISABILITY: (808) 586-9188

PREPAID HEALTHCARE: (808) 586-9188