Claim for compensation; limitation of time
HRS §386-82
in effect386-82. Claim for compensation; limitation of time
The right to compensation under this chapter shall be barred unless a written claim therefor is made to the director of labor and industrial relations[:]
(1) Within two years after the date at which the effects
of the injury for which the employee is entitled to compensation have become
manifest; and
(2) Within
five years after the date of the accident or occurrence which caused the
injury.
The foregoing limitations of time shall not
apply to a claim for injury caused by compressed air or due to occupational
exposure to, or contact with, arsenic, asbestos, benzol, beryllium, zirconium,
cadmium, chrome, lead, fluorine, or other mineral or substance with
carcinogenic properties, as incorporated in the Hawaii Occupational Safety and
Health Standards, or to exposure to X-rays, radium, ionizing radiation, or
radioactive substances, but such claim shall be barred unless it is made to the
director, in writing, within two years after knowledge that the injury was
proximately caused by, or resulted from the nature of, the employment. The
claim may be made by the injured employee or the employee's dependents or by
some other person on the employee's or their behalf. The claim shall state in
ordinary language the time, place, nature, and cause of the injury.
[L 1963, c
116, pt of §1; Supp, §97-91; HRS §386-82; am L 1979, c 114, §1; gen ch 1985]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0386/HRS_0386-0082.htmFetched: 11/10/2026