HRS § 386-142 - Employment rights of injured employees

It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work injury which is compensable under this chapter and which arises out of and in the course of employment with the employer unless it is shown to the satisfaction of the director that the employee will no longer be capable of performing the employee's work as a result of the work injury and that the employer has no other available work which the employee is capable of performing. Any employee who is suspended or discharged because of such work injury shall be given first preference of reemployment by the employer in any position which the employee is capable of performing and which becomes available after the suspension or discharge and during the period thereafter until the employee secures new employment. This section shall not apply to the United States or to employers subject to part III of chapter 378. [L 1978, c 201, §1; gen ch 1985] Case Notes Worker's compensation insurer's settlement offer did not violate public policy or amount to an unlawful retaliatory discharge by including claimant's resignation as one of its terms. 112 H. 195 (App.), 145 P.3d 738 (2006).