Hawaii Accidents

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Why is my Kailua-Kona boss saying workers comp blocks my Instacart crash claim?

If the ER told you the crash injuries happened while you were working, the workers' comp carrier will use that to put the claim under Hawaii workers' compensation. That does not automatically wipe out a claim against someone else who caused the wreck.

The legal rule in plain English is this: if your employer is covered by Hawaii workers' comp, your employer is usually protected by the exclusive remedy rule under HRS § 386-5. That means you generally cannot sue your employer for a work injury. But under HRS § 386-8, you can still bring a separate claim against a third party whose negligence caused the crash.

That distinction matters in Kailua-Kona delivery crashes.

Example: you are making an Instacart delivery on Queen Kaahumanu Highway during spring motorcycle traffic, and a tourist in a rental SUV turns left across your lane. Your job status puts your medical care and wage-loss claim into workers' comp through the Hawaii Department of Labor and Industrial Relations, Disability Compensation Division. But the left-turn driver is a third party. You can still pursue that driver's liability insurance claim, subject to Hawaii's 20/40/10 minimum limits and Hawaii's 51 percent bar on fault. If you are found more than 50% at fault, you recover nothing from that third-party case.

What your boss is saying is only partly true. Workers' comp may be your only remedy against the employer. It is not your only remedy against another driver, a commercial vehicle company, or sometimes a vehicle owner or maintenance contractor.

If the fight is over whether you were an employee or an independent contractor, the comp carrier and liability insurer may both try to deny responsibility. That is a coverage dispute, not proof you have no claim.

Undocumented status does not erase a Hawaii workers' comp claim or a third-party injury claim. The relevant agencies and insurers look at employment status, fault, medical records, and deadlines - not immigration status.

by Keoni Makoa on 2026-04-02

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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