Hiring a Workers' Compensation Lawyer in Arkansas
The limits on workers' comp lawyer fees in Arkansas, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Arkansas: fee rules
| If a lawyer takes your money | Arkansas has a Client Security Fund overseen by the Arkansas Supreme Court's Client Security Fund Committee, whose members are appointed by the Court; the Administrative Office of the Courts (625 Marshall Street, Little Rock; 501-682-9400) is the listed contact. |
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Arkansas rules to know first
| Lawyer fee limits | In Arkansas, fees for legal services in workers' comp cases are not valid unless approved by the Workers' Compensation Commission. In contested cases, half of the attorney's fee is paid by the employer or insurance carrier and half by the worker out of the compensation awarded, so normally you do not owe an attorney's fee unless you are awarded benefits. Free help is available from the Commission's Legal Advisor Division, which advises workers on rights and benefits and handles preliminary conferences and mediation. |
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| Deadline to file a claim | A claim for compensation (Form AR-C) must be filed with the Commission within two years from the date of injury or death, or within one year from the date of the last payment of compensation, whichever is later. |
| Deadline to challenge a denial | Denied claims: a claim for compensation generally must be filed with the Arkansas Workers' Compensation Commission within two years from the date of the injury (two years from death for death benefits); a claim for additional compensation must be filed within one year from the last payment or two years from the injury, whichever is later. A claim may be dismissed if no bona fide hearing request is made within six months after filing. A party must file a written petition for review by the Full Commission within 30 days of receiving an administrative law judge's decision, and a notice of appeal to the Arkansas Court of Appeals within 30 days of receiving the Full Commission's decision. Claim deadlines: https://codes.findlaw.com/ar/title-11-labor-and-industrial-relations/ar-code-sect-11-9-702/ . Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Can you sue your employer? | Suing the employer: Arkansas workers' compensation rights are exclusive of all other rights and remedies against the employer and its principals, officers, directors, stockholders, partners and a prime contractor acting as employer. The exception in the statute is an employer that fails to secure payment of compensation as required: the injured employee (or representative in a death case) may then choose to claim compensation or to sue for damages, and the employer may not use the fellow-servant, assumption-of-risk or contributory-negligence defenses. Read on codes.findlaw.com (a public copy of the official code); check against the official code. FindLaw notes an amendment to this section expired May 1, 2023, and the earlier text applies. Source: Ark. Code Ann. § 11-9-105 |
| Suing someone other than your employer | Suing someone else: a comp claim does not affect the worker's right to sue a third party who caused the injury. The employer or insurer is entitled to reasonable notice and a chance to join the suit; if it joins, it has a first lien on two-thirds of the net proceeds after reasonable collection costs, the worker keeps one-third, and any excess goes to the worker. The employer or insurer may also sue the third party itself after telling the worker in writing that the worker may hire a lawyer, and the worker always gets at least one-third of the net recovery. Settlements need court or Workers' Compensation Commission approval, and no party may settle without giving all interested parties three days' written notice. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Ark. Code Ann. § 11-9-410 |
| Filing a claim online | In Arkansas you do not need to apply for benefits with the Workers' Compensation Commission: report the injury to your employer or supervisor immediately (in writing, with the time, place and nature of the injury), and the employer or insurer provides medical care and disability payments and files the required reports with the Commission. If you think you have not received all benefits due, Commission Legal Advisors can advise you and arrange a preliminary conference or mediation. If the problem is not resolved, file WCC Form AR-C, Claim for Compensation, with the Commission (P.O. Box 950, Little Rock, AR 72203-0950) within two years from the date of injury or one year from the last payment of compensation. Commission home and forms: https://www.labor.arkansas.gov/workers-comp/ |
Find and check a lawyer
| Lawyer referral service | The Arkansas Bar Association runs ArkansasFindALawyer, an online directory you can search by name, firm, city, postal code (within a set distance) or area of practice. The bar's page does not describe it as a referral service and states no consultation fee. The bar's general line is 501-375-4606. |
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| Check that the lawyer is licensed | The Arkansas Judiciary's online Attorney Search lets you look up lawyers by last name, first name, city, ZIP code or bar number; attorney rosters are also posted. The site says its information is not the official record kept by the Clerk of the Courts and directs users to the Clerk's Office at (501) 682-6849 to verify. Rosters: https://attorneyinfo.aoc.arkansas.gov/roster |
| Check discipline history or file a complaint | Complaints about Arkansas lawyers are handled by the Office of Professional Conduct of the Arkansas Supreme Court (Administrative Office of the Courts), One Capitol Mall, Suite 3D-101, Little Rock, AR 72201-1049; phone 501-376-0313 or toll-free 800-506-6631. File using the office's grievance form (printable for mailing or fillable for emailing). Disciplinary decisions are posted online, and paper copies are available from the Clerk of the Courts at $0.50 per page. |
Free legal help
| Free legal aid | Legal Aid of Arkansas is the LSC-funded legal aid organization for Arkansas and provides free civil legal help to eligible low-income people. The Arkansas Bar Association also points people to Arkansas Access to Justice (arkansasjustice.org), Arkansas Free Legal Answers (ar.freelegalanswers.org) and Arkansas Law Help (arlawhelp.org) for free legal information and help. Bar legal assistance page: https://www.arkbar.com/?pg=LegalAssistance |
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All legal help in Arkansas · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.