Hawaii Temporary Disability Benefits (TDI)

The State of Hawaii requires employers to provide temporary disability insurance (TDI) or payments to workers who suffer short-term, non-work-related illnesses or injuries, including pregnancy. The goal of the requirement is to provide workers with partial wages while they can't work.

How Do I Qualify for TDI Benefits in Hawaii?

To be eligible for TDI benefits, you must be currently employed in the state of Hawaii and:

• have worked at least 14 weeks in the past year in the state of Hawaii or for an employer located in the state
• have been paid for at least 20 hours of work during each of the weeks, and
• have earned at least $400 from working during the 52 weeks before the day you became disabled.

It doesn't matter if you didn't work the 14 weeks consecutively or if you had multiple employers.

If you meet the basic requirements above, you must also:

• experience an injury or illness that wasn't a result of your job
• have worked within two weeks of when you suffered your injury or illness
• be unable to work your regular job because of the injury or illness
• have your disability certified by your medical provider who is a licensed:
• physician
• surgeon
• dentist
• chiropractor
• osteopath
• naturopath, or
• accredited practitioner of a faith-based healing group.

Hawaii's TDI program also covers women who become disabled and can't work because of pregnancy or termination of pregnancy. (Haw. Rev. Stat. § 392-6(2).)

Who Doesn't Qualify for Benefits?

Not all workers in Hawaii can get TDI benefits. Here are some reasons you might not be eligible for TDI:

• You stopped working because of a labor dispute.
• Your injury or illness was intentionally self-inflicted.
• You were injured while committing a crime.
• You worked for pay even one day during the period you claim you're disabled.

And some workers are ineligible for TDI, such as:

• federal employees
• commission-based real estate or insurance agents
• newspaper deliverers who are under the age of 18, and
• student nurses and other interns.

Also, if you provide false information about your illness or injury or leave out material evidence about your disability, you won't be eligible for benefits during the time covered by those statements.

Is There a Deadline for Filing My Claim?

You must file your claim within 90 days of the date you became disabled or be able to show that there was a good cause for the delay. Filing late could result in a denial of benefits or a reduction in the amount you can receive. If you file your claim more than 26 weeks after the date you became disabled, you won't be entitled to any TDI benefits.

What Will My Benefit Amount Be?

If your employer follows the guidelines established by Hawaii's legislation, your benefit amount will be 58% of your average weekly wages, rounded up to the next highest dollar.

You can't get more than the maximum benefit amount, however. The maximum amount is an annual payment cap established by the Disability Compensation Division (DCD). For 2024, your weekly TDI benefit can't be more than $798.

If your employer is self-insured (provides its own temporary disability payment plan), the benefits must be better than the ones established by law. You should speak to your employer if you have questions about the specifics of your company's temporary disability insurance plan.

Are There Limits on TDI Benefits?

Benefits won't begin until the eighth day of your disability. And you can't collect more than 26 weeks of benefits a year.

You also can't get "duplicate" benefits. That means if you receive other temporary disability benefits, such as worker's compensation, you can't also collect TDI benefits.

How Do I Apply for TDI in Hawaii?

If you develop an illness, suffer an injury, or are pregnant and can't work due to your condition, you must follow these steps to apply for benefits:

• Tell your employer right away about your disability.
• Ask your employer for Form TDI-45.
• Fill out Part A (Claimant's Statement) of Form TDI-45.
• Ask your doctor to fill out Part C (Doctor's Statement) certifying that you're disabled.
• Ask your employer to fill out Part B (Employer's Statement).
• Mail the completed form to your employer's TDI insurance carrier if your employer isn't self-insured.

If your employer doesn't have Form TDI-45, you can get one by calling Hawaii's Department of Labor & Industrialization. Remember to file your claim within 90 days to avoid losing eligibility for TDI benefits or having your benefit amount reduced.

Can I Appeal a Denial of TDI or My Benefit Amount?

If the insurance company denies your claim or provides a benefit amount you disagree with, you can appeal. You must file your appeal within 20 days of receiving your employer's or the TDI insurance carrier's notice.

To appeal, write an explanation of why you think the decision is wrong. Make sure you provide all the necessary evidence to support your appeal, including evidence of how much your employer paid you.

Send two copies of your letter to the Disability Compensation Division (DCD) in Honolulu. You can also send the appeal to the Department of Labor & Industrial Relations office closest to you.

To decide the appeal, the DCD will hold a hearing, which will be presided over by a neutral referee.

How to Contact the Disability Compensation Division

Here is the DCD's contact information:

Physical address:

830 Punchbowl Street
Room 209
Honolulu, HI 96813

Mailing address:

P.O. Box 3769
Honolulu, HI 96812-3769

Contact information:

Telephone: (808) 586-9188
Email: [email protected]