Report Title:
Workers' Compensation; Statute of Limitations; Abolish
Description:
Eliminates the statute of limitations for filing workers' compensation claims.
|
THE SENATE |
S.B. NO. |
306 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to workers' compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 386-82, Hawaii Revised Statutes, is amended to read as follows:
"§386-82 Claim for compensation;
limitation of time. The right to compensation under this chapter shall be [barred
unless] established by a written claim [therefor is] made to
the director of labor and industrial relations [(1) within two years] after
the date of injury and 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]
the employee's dependents' behalf. The claim shall state in ordinary
language the time, place, nature, and cause of the injury."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|