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Emergency Law Inventory | Full Law Text

Law Number

HRS 127A-8(d)

Summary Title

Workers' Compensation: Emergency Worker

Summary

An individual whose services have been accepted by an authorized person during an emergency or an emergency training will be considered a State or county employee and is entitled to workers' compensation if they are injured or killed while performing these services.

Full Title

Status and rights of personnel

Full Text

(d) In case of injury or death arising out of and in the performance of duty pursuant to this chapter, including duty performed during periods of training, all persons having the status of official, officer, or employee of the State or county, pursuant to this section, and their dependents, shall be entitled to all of the benefits provided in chapter 386, including medical services and supplies, and in case of injury or death, no public official shall be excluded from the coverage of chapter 386 by reason of being an elected official. For the purposes of the benefits, average weekly wages shall be computed upon the basis set forth in section 386-51, or upon the basis of earnings from the usual employment of the person, or upon the basis of earnings at the rate of $20 per week, whichever is most favorable to the claimant or claimants. The costs thereof, in cases of state employees, shall be a charge upon the state insurance fund and, in cases of county employees, shall be a charge upon the county insurance fund; provided that the governor or mayor may effect such insurance in respect of the obligations assumed pursuant to this section and as may be available under any mutual aid agreement or act of Congress. Nothing herein shall adversely affect the right of any person to receive any benefits or compensation under any act of Congress.

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