How workers' comp works for janitorial in Hawaii
Hawaii is unique in this batch: it uses the Hawaii Compensation Insurance Rating Bureau (HCIRB) rather than NCCI for loss cost development and rate filings. HCIRB operates independently and files Hawaii-specific rates with the state's Department of Commerce and Consumer Affairs Insurance Division. The Disability Compensation Division (DCD) of the Department of Labor and Industrial Relations administers all claims. Every Hawaii employer with even one employee must carry WC coverage through a licensed private carrier, self-insurance, or participation in a group self-insurance fund. Hawaii's benefit formula is distinctive: TTD equals 66.67% of average weekly wages for most states, but Hawaii pays 58% of average weekly wage (capped at the annual maximum wage base).
Class code and rate (2026)
- Code 9014 — Janitorial Services by Contractors, No Window Cleaning Above Ground Level & Drivers. Hawaii uses HCIRB-filed rates; the class code numbering mirrors the NCCI system. Indicative market rate for Hawaii 9014: approximately $2.70/$100 payroll (HCIRB rates differ from mainland NCCI states — verify current rate directly with HCIRB or your carrier).
- Code 9170 — Janitorial with above-ground window cleaning. Separately rated; higher loss cost.
Indemnity benefits (Hawaii 2026)
- Max weekly TTD/PTD: $871 (effective 1/1/2026; = 58% of the 2026 maximum weekly wage base of $1,500.21; per Hawaii DCD annual publication; HRS §386-31).
- Min weekly benefit: $14 if employee's average weekly wage is under $26; otherwise 58% of actual average weekly wage — no separate minimum above $14 (unusual structure).
- Waiting period: 3 calendar days; first 3 days compensated retroactively if disability exceeds 14 days (HRS §386-31(b)).
- PPD scheduled injuries: benefit weeks schedule specified in HRS §386-32; rated at 58% of average weekly wage up to the annual maximum.
- PTD: payable for life; adjusted annually with changes to the maximum weekly benefit.
- Disfigurement: up to $30,000 at DCD discretion (HRS §386-32(b)).
Coverage thresholds and exemptions
- Mandatory for any employer with 1 or more employees — no threshold exemption (HRS §386-121(a)).
- Excluded: sole proprietors (may elect coverage), general partners (may elect), certain family members of farm employers.
- Independent contractor test: Hawaii uses a "right-to-control" test under HRS §386-1; DCD has broad authority to reclassify workers. Janitorial cleaning crews supervised by a contractor are almost always employees.
Failure-to-insure penalty
Under HRS §386-123, the penalty for failure to secure required insurance is not less than $500 or $100 per employee per day of non-coverage, whichever is greater (e.g., two uncovered employees for five days = $1,000 civil penalty). The DCD may also obtain a court injunction prohibiting continued business operations. The employer is personally liable for all WC benefits that would have been covered by insurance, and injured employees retain the right to sue the employer in civil court.
Cost drivers specific to janitorial in Hawaii
- Top injuries (BLS NAICS 561720): slips/falls, chemical exposure (especially in hotel/resort cleaning), repetitive-motion MSDs from large commercial cleaning contracts (resorts, hospitals, government facilities).
- Hawaii's tourism economy means large resort and hotel cleaning contracts dominate the NAICS 561720 sector — high-volume, high-frequency exposure with relatively low severity due to the $871/week benefit cap.
- Bid-math note: at ~$2.70/$100, load WC at approximately 2.7% of gross wages in Hawaii bids. HCIRB experience rating differs from NCCI — confirm EMR methodology with your carrier.
Primary sources
- Hawaii DCD — Disability Compensation Division
- Hawaii DCD — 2026 Maximum Weekly Wage Base and Benefit Amount
- Hawaii DCD FAQs (coverage requirements, penalties)
- BLS NAICS 561720 Injury Data
- Commercial Cleaning Licensing in Hawaii →
- OSHA Compliance for Janitorial in Hawaii →
- Janitorial Wages in Hawaii →