Notice of injury; waiver
HRS §386-81
in effect386-81. 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]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0386/HRS_0386-0081.htmFetched: 11/10/2026