Hawaii Revised Statutes 386-123 – Failure to give security for compensation; penalty; injunction
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | $2,000 |
Terms Used In Hawaii Revised Statutes 386-123
- Compensation: means all benefits accorded by this chapter to an employee or the employee's dependents on account of a work injury as defined in this section; it includes medical and rehabilitation benefits, income and indemnity benefits in cases of disability or death, and the allowance for funeral and burial expenses. See Hawaii Revised Statutes 386-1
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 386-1
- Employee: means any individual in the employment of another person. See Hawaii Revised Statutes 386-1
- Employer: means any person having one or more persons in the person's employment. See Hawaii Revised Statutes 386-1
- Good cause: means a substantial reason amounting in law to be a legal excuse for failing to perform an act required by law considered under the circumstances of the individual case. See Hawaii Revised Statutes 386-1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
If an employer fails to comply with section compensation; misdemeanor” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>386-121, the employer shall be liable for a penalty of not less than $500 or of $100 for each employee for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought by the director in the name of the State, and the amount so collected shall be paid into the special compensation fund created by § 386-151. The director may, however, in the director’s discretion, for good cause shown, remit all or any part of the penalty in excess of $500; provided that the employer in default complies with section 386-121. With respect to such actions, the attorney general or any county attorney or public prosecutor shall prosecute the same if so requested by the director.
In addition, if any employer is in default under section 386-121 for a period of fourteen days, the employer may be enjoined, by the circuit court of the circuit in which the employer’s principal place of business is located in the State or where the violation occurred, from carrying on the employer’s business anywhere in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director.