Hawaii law is clear: your employer cannot force you to see a specific doctor for your work injury. Here's what the law says, what your employer can and cannot do, and how to exercise your right.
Hawaii Revised Statutes Chapter 386 governs workers' compensation in Hawaii. The law establishes a fundamental right for injured workers: you choose your own doctor. This is not a suggestion, a courtesy, or a loophole. It is a statutory right written into Hawaii's workers' compensation framework.
This means you decide who treats your work injury. Not your employer. Not the insurance carrier. Not a nurse case manager. Not an HR department. You.
Your employer is required to pay for the treatment you receive from the physician you choose, as long as the treatment is reasonable, necessary, and related to the work injury. The employer's obligation to furnish medical care does not give them the right to dictate who provides that care.
Provide a list of suggested doctors. Many employers maintain relationships with occupational medicine clinics and will hand you a list of "preferred providers" or "approved doctors" when you report an injury. This list is a suggestion. It is not a mandate. You are free to see any licensed physician in Hawaii, whether they appear on your employer's list or not.
Request that you see a specific doctor for an Independent Medical Examination (IME). Under HRS 386-79, the employer or insurance carrier can request an IME by a physician of their choosing. This is a one-time evaluation for a specific purpose (usually to dispute treatment or causation), not ongoing care. You must attend the IME if properly requested, but it does not replace your treating physician. Your treating physician remains whoever you chose.
Force you to see their preferred doctor for treatment. "You have to go to [clinic name]" is not a lawful instruction under HRS 386. You can acknowledge the suggestion and choose a different provider.
Refuse to file a WC-1 because you chose a different doctor. The employer's obligation to report the injury and file the WC-1 form is triggered by the injury itself, not by your choice of physician. Refusing to file because you did not see their preferred provider is a violation of Hawaii workers' compensation law.
Threaten your job for choosing your own doctor. Retaliation against an employee for exercising their rights under HRS 386 is prohibited. If your employer threatens termination, demotion, reduced hours, or any other adverse action because you chose your own treating physician, that is a separate legal violation.
Require you to get "pre-approval" for your doctor choice. There is no pre-approval process for selecting a treating physician under Hawaii workers' compensation law. You do not need permission from your employer, the insurance carrier, or a utilization review company to see the doctor of your choice.
Your employer can suggest a doctor. They cannot require one. The moment you are injured at work, the right to choose your physician is yours. Exercise it.
The doctor you choose for your workers' compensation case is not just treating your injury. They are writing the medical narrative that determines the outcome of your entire claim. Every document in your workers' comp file originates from your treating physician: the initial diagnosis, the causation opinion linking your injury to your work activity, the treatment plan, the work restrictions, the progress notes, and ultimately the maximum medical improvement determination and permanent impairment rating.
If your treating physician writes vague documentation ("patient has back pain, recommend treatment"), the insurance carrier has room to deny the claim, dispute causation, or refuse treatment authorization. If your treating physician writes a detailed narrative linking your specific job duties to a specific anatomical injury with objective examination findings and diagnostic imaging, the carrier has very little room to argue.
This is why the choice matters. A physician experienced in workers' compensation knows what the insurance carrier, the claims examiner, and potentially a workers' comp attorney need to see in the medical record. A physician without this experience may provide excellent clinical care but write documentation that inadvertently weakens the claim.
What to look for in a workers' comp doctor: Experience with Hawaii workers' compensation specifically (not just general practice). Willingness to write detailed medical narratives, not just clinical notes. Understanding of how insurance carriers evaluate claims. Familiarity with OWCP if you are a federal employee. An opioid-free treatment approach (opioid use can weaken claims). And a practice that handles the administrative paperwork internally rather than leaving it to you.
"My employer gave me a list and said I have to pick from these doctors."
You do not have to pick from the list. Under HRS 386-21, you have the right to select a physician of your own choice. The list is a suggestion. Thank your employer for the information and see the doctor you want to see. You do not need to explain or justify your choice.
"My employer said the insurance company won't pay if I don't see their doctor."
This is not accurate. The insurance carrier is obligated to pay for reasonable and necessary medical treatment from the physician you select. Your choice of physician does not affect the carrier's obligation to pay. If a carrier refuses to pay for treatment from your chosen physician, that is a dispute that can be addressed through the Hawaii Department of Labor and Industrial Relations.
"I already saw my employer's doctor. Can I switch?"
Yes. There is no "one and done" rule. You can change your treating physician at any time during your workers' compensation case. If you saw the employer's preferred doctor for the first visit and want to transfer your care to a different physician, you are legally entitled to do so. Call the new doctor's office and let them know you want to transfer. They will coordinate obtaining your records from the previous provider.
"I'm a federal employee. Does this apply to me?"
Federal employees under the OWCP program have similar rights to choose their treating physician, though the process and documentation requirements are different from Hawaii state workers' compensation. OWCP has specific rules about physician qualifications and may require that your physician be willing to complete the detailed medical narrative reports that OWCP claims examiners require. See our OWCP guide for details.
"My employer is pressuring me to go to a specific clinic. What do I do?"
Document the pressure. Write down what was said, who said it, and when. Then see the doctor you want to see. If the pressure continues or escalates to threats, contact the Hawaii Department of Labor and Industrial Relations, Disability Compensation Division at (808) 586-9161. You may also want to consult a workers' compensation attorney. Employer coercion regarding physician choice is a violation of HRS 386.
"I live on a Neighbor Island and there aren't many options."
Limited options on Neighbor Islands is a real challenge, which is one reason Vally Medical Group operates clinics on four islands: Kona and Hilo on the Big Island, Lihue on Kauai, and Kihei on Maui. Specialized occupational medicine and pain management are available on your island without inter-island travel.
There is no form to fill out. No approval to request. No notification to send. You simply schedule an appointment with the physician of your choice and inform your employer (or the insurance carrier) that this is your treating physician for the workers' compensation claim.
If you are starting a new claim, report the injury to your employer, ensure the WC-1 form is filed, and schedule your first appointment with the doctor you choose. When the doctor submits the initial physician's report (WC-2), the carrier will know who your treating physician is.
If you are transferring care from another provider, call the new physician's office and tell them you want to transfer. They will request your records from the previous provider. No permission from your employer or the insurance carrier is needed.
Vally Medical Group provides specialized workers' compensation treatment at four Neighbor Island locations. Physician-led care from evaluation through recovery. We handle the paperwork.
Start Your Intake →(808) 935-6353 • Monday–Friday 8am–4pm • Kona • Hilo • Lihue • Kihei
Hawaii Workers' Compensation Complete Guide • What Is a WC-1 Form? • Claim Denied? Your Options • WorkStar vs. Private Specialist • Workers' Comp Doctor Hawaii
Disclaimer: This article is provided for informational and educational purposes only and does not constitute legal advice. Workers' compensation laws and their application vary by circumstance. For specific legal questions about your rights under Hawaii workers' compensation law, consult a qualified Hawaii workers' compensation attorney.
