§386-95  Reports of injuries, other reports, penalty.  Every employer shall keep a record of all injuries, fatal or otherwise, received by the employer's employees in the course of their employment, when known to the employer or brought to the employer's attention.

     Within seven working days after the employer has knowledge of such injury causing absence from work for one day or more or requiring medical treatment beyond ordinary first aid, the employer shall make a report thereon to the director.  The report shall set forth the name, address, and nature of the employer's business and the name, age, sex, wages, and occupation of the injured employee and shall state the date and hour of the accident, if the injury is produced thereby, the nature and cause of the injury, and such other information as the director may require.

     By January 31 of each year, the employer shall file with the director a report with respect to each injury on which the employer is continuing to pay compensation, showing all amounts paid by the employer on account of the injury.

     The reports required by this section shall be made on forms to be obtained from the director pursuant to section 386-71 and deposit of reports in the United States mail or by electronic means as approved by the director, addressed to the director, within the time specified shall be deemed compliance with the requirements of this section.

     When an injury results in immediate death, the employer shall within forty-eight hours notify personally or by telephone a representative of the department in the county where the injury occurred.

     Within thirty days after final payment of compensation for an injury, the employer shall file a final report with the director showing the total payments made, the date of termination of temporary total disability, and such other information as the director may require.

     Any employer who wilfully refuses or neglects to file any of the reports or give any notice required by this section shall be fined by the director not more than $5,000.

     Copies of all reports, other than those of fatal injuries, filed with the director as required by this section shall be sent to the injured employee by the employer. [L 1963, c 116, pt of §1; am L 1965, c 59, §1; Supp, §97-110; am L 1966, c 7, §2; HRS §386-95; am L 1973, c 10, §1; am L 1982, c 51, §1; gen ch 1985; am L 1988, c 37, §3; am L 1993, c 254, §1; am L 2002, c 221, §1; am L 2016, c 187, §2]

Case Notes

  Failure of employer to file form reporting employee's injury does not toll statute of limitations.  68 H. 111, 706 P.2d 13 (1985).