386-6 Territorial applicability. (a) This chapter shall be applicable to all work injuries sustained by employees within the territorial boundaries of the State.

(b) If an employee who has been hired in the State suffers work injury, the employee shall be entitled to compensation under this chapter even though the injury was sustained without the State. The right to compensation shall exclude all other liability of the employer for damages as provided in section 386-5. All contracts of hire of employees made within the State shall be deemed to include an agreement to that effect.

(c) If an employee who has been hired without the State is injured while engaged in the business of the employee's employer, and is entitled to compensation for the injury under the law of the state or territory where the employee was hired, the employee shall be entitled to enforce against the employee's employer the employee's rights in this State if the employee's rights are such that they can reasonably be determined and dealt with by the director of labor and industrial relations, the appellate board, and the court in this State. [L 1963, c 116, pt of 1; Supp, 97-6; HRS 386-6; am L 2016, c 55, 10]

 

Case Notes

 

Not exclusive remedy where emotional distress is caused by wilful and wanton conduct of corporate officer. 720 F. Supp. 829 (1989).

Claimant not entitled to rely on foreign law where in proceedings below, claimant not only failed to rely on foreign law but affirmatively relied on Hawaii law. 54 H. 98, 503 P.2d 434 (1972).

Employee "hired in the State" construed. 59 H. 551, 584 P.2d 119 (1978).

 

 

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