Use this button to switch between dark and light mode.

Hawaii: General Contractor May Not Recover Workers’ Compensation Outlay for Worker’s Injury from Negligent Subcontractor

June 21, 2018 (1 min read)

Summary judgment in favor of the subcontractor was proper, because Haw. Rev. Stat. § 386-8 provided the exclusive remedy for an employer to recover workers' compensation benefits from a third-party tortfeasor, and the general contractor did not avail itself of that exclusive remedy. The comprehensive workers' compensation reimbursement scheme established by Haw. Rev. Stat. § 386-8 provides the exclusive remedy for an employer's recovery of workers' compensation benefits paid for its employee where injury is allegedly attributable to a third party. Thus, any contractual provision that conflicts with the statutory remedy is invalid. 

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. 

See Hawaiian Dredging Constr. Co. v. Fujikawa Assocs., 2018 Haw. LEXIS 124 (June 8, 2018)

See generally Larson’s Workers’ Compensation Law, § 122.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law



Tags: