Arkansas Workers' Compensation: Deadlines, Benefits and How to File
Arkansas workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Arkansas
- Deadline to report the injury
- Report a work-related accident to your employer or supervisor as soon as it happens. The Commission advises giving the employer written notice of the time, place and nature of the injury. Arkansas Workers' Compensation Commission, Basic Facts; Questions & Answers brochure
- 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. Arkansas Workers' Compensation Commission, Questions & Answers brochure; Basic Facts
- Weekly benefit rate
- Temporary total disability is 66 2/3% of the worker's average weekly wage, rounded to the nearest whole dollar, up to the state maximum. Benefits are tax-free and are normally paid every two weeks; Ark. Code Ann. § 11-9-501(b); AWCC Advisory 2000-1 Update (Oct. 1, 2025); Questions & Answers brochure
- Maximum weekly benefit
- For injuries or deaths from January 1 through December 31, 2026, the maximum weekly benefit is $953 for total disability (85% of the state average weekly wage of $1,120.68) and $715 for permanent partial disability. Ark. Code Ann. § 11-9-501(b), (d); AWCC Advisory 2000-1 Update, Weekly Workers' Compensation Rates for 2026 (Oct. 1, 2025)
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Most Arkansas employers with three or more employees must carry workers' compensation insurance or be approved to self-insure; the Commission notes there are exceptions to the three-or-more rule. The law does not apply to agricultural farm labor, domestic help, or employment by nonprofit religious, charitable or relief organizations, and railroad and maritime workers are covered by federal law. The employer pays for the coverage; no part of it may be deducted from workers' pay. The specific exceptions to the three-or-more-employee rule were not listed on the page reviewed. |
|---|---|
| Deadline to report the injury | Report a work-related accident to your employer or supervisor as soon as it happens. The Commission advises giving the employer written notice of the time, place and nature of the injury. No fixed number of days is stated in the Commission's guidance. |
| 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. |
| Waiting period | The waiting period is seven calendar days, and the time off must be at the direction of the approved doctor. Wage benefits start on the eighth day of disability. The first seven days are paid only if the disability lasts more than 14 days. |
Benefits
| Weekly benefit rate | Temporary total disability is 66 2/3% of the worker's average weekly wage, rounded to the nearest whole dollar, up to the state maximum. Benefits are tax-free and are normally paid every two weeks; if the injury is reported promptly, the first check should arrive within 14 days. |
|---|---|
| Maximum weekly benefit | For injuries or deaths from January 1 through December 31, 2026, the maximum weekly benefit is $953 for total disability (85% of the state average weekly wage of $1,120.68) and $715 for permanent partial disability. The minimum weekly rate is $20. |
| How long benefits last | Temporary total disability is paid during the healing period while the worker is totally unable to earn wages. Permanent partial disability is paid for a set number of weeks: the law assigns a number of weeks to each body part and to the body as a whole, and that number is multiplied by the doctor's impairment rating. A worker who is permanently and totally disabled is entitled to benefits for life. Disability benefits for a mental injury are limited to 26 weeks. |
| Permanent disability | For a permanent impairment, the Legislature assigns a number of weeks to each body part and to the body as a whole; that number is multiplied by the physician's impairment rating to set the weeks of permanent partial disability benefits. In 2026 the PPD rate is generally 75% of the worker's total disability rate, up to $715 per week; for amputation or total loss of use of a member, the PPD rate equals the TD rate. If the impairment reduces earning ability, wage-loss benefits may also be available. Permanent total disability benefits are paid for life. |
| Death benefits | If a work injury causes death, weekly payments may be made to surviving dependents, and the employer is liable for funeral expenses up to a maximum of $6,000. Benefits to partially dependent survivors are paid in proportion to the degree of dependency. |
Doctors, filing, settlements and appeals
| Choosing a doctor | The employer or its insurance carrier has the right to choose the treating doctor, and the employer or insurer should give the worker a notice of medical rights (Form AR-N). If you are not satisfied with the first doctor, ask the claims handler to approve another doctor, or write to the Commission to request a Change of Physician. Failing to follow the change-of-physician rules can mean the new doctor's bills are not paid. Emergency treatment may be covered. |
|---|---|
| How to file | Workers usually do not need to apply to the Commission: the employer reports the injury to its insurer and files the First Report of Injury (Form 1), and benefits should start automatically. If benefits are denied or not paid, contact the Commission's Legal Advisor Division (1-800-250-2511), which can arrange a preliminary conference or mediation. If the problem is not resolved, file WCC Form AR-C, Claim for Compensation, with the Commission. Forms: https://labor.arkansas.gov/workers-comp/awcc-forms/ |
| Settlements | A claim can be settled by a joint petition filed by the employer or insurer and the injured worker, but every final settlement must be approved by the Arkansas Workers' Compensation Commission. An administrative law judge holds a hearing, the worker must appear and testify, and the petition must explain in detail why the settlement is in the worker's best interest. The petition must be signed by all parties and verified, and any attorney's fee must be stated in it and stay within the legal limits. The Commission's Q&A brochure (https://labor.arkansas.gov/wp-content/uploads/laqabrochure.pdf) states that all final settlements must be approved by the Commission and a case can be settled only if approved. |
| Appealing a denial | After a claim (Form AR-C) is filed, disputes not resolved by a Legal Advisor's preliminary conference or mediation are assigned, on request, to a Commission Administrative Law Judge for a hearing. Either party may hire an attorney; attorney fees must be approved by the Commission, and in contested cases half the fee is paid by the employer or insurer. Decisions of an Administrative Law Judge can be appealed to the Full Commission. |
| 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. |
| Retaliation for filing | An employer may not discharge or discriminate against a worker for exercising rights under the Workers' Compensation Law. There is no specific requirement to hold the job open, but an employer who refuses without reasonable cause to return the worker to work may have to pay the difference in average weekly wage, for up to one year. |
| Filing or checking 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/ |
| Lawyer fees in comp cases | 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. |
Lawsuits and uninsured employers
| Suing 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 |
| If your employer has no workers' comp | Employer without coverage: if an Arkansas employer fails to secure workers' comp as required, the injured employee (or the legal representative if the injury causes death) may either claim compensation under the workers' comp law or sue the employer for damages. In that lawsuit the employee need not prove freedom from contributory negligence, and the employer cannot raise fellow-servant negligence, assumption of risk or the employee's contributory negligence. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Ark. Code Ann. § 11-9-105(b) |
Where to get help in Arkansas
Workers' Compensation FAQ
Which employers must have workers' comp in Arkansas?
Most Arkansas employers with three or more employees must carry workers' compensation insurance or be approved to self-insure; the Commission notes there are exceptions to the three-or-more rule. The law does not apply to agricultural farm labor, domestic help, or employment by nonprofit religious, charitable or relief organizations, and railroad and maritime workers are covered by federal law. The employer pays for the coverage; no part of it may be deducted from workers' pay.
How long do you have to report a work injury in Arkansas?
Report a work-related accident to your employer or supervisor as soon as it happens. The Commission advises giving the employer written notice of the time, place and nature of the injury. No fixed number of days is stated in the Commission's guidance.
What is the deadline to file a workers' comp claim in Arkansas?
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.
Is there a waiting period for workers' comp in Arkansas?
The waiting period is seven calendar days, and the time off must be at the direction of the approved doctor. Wage benefits start on the eighth day of disability. The first seven days are paid only if the disability lasts more than 14 days.
How much does workers' comp pay in Arkansas?
Temporary total disability is 66 2/3% of the worker's average weekly wage, rounded to the nearest whole dollar, up to the state maximum. Benefits are tax-free and are normally paid every two weeks; if the injury is reported promptly, the first check should arrive within 14 days.
What is the maximum workers' comp benefit in Arkansas?
For injuries or deaths from January 1 through December 31, 2026, the maximum weekly benefit is $953 for total disability (85% of the state average weekly wage of $1,120.68) and $715 for permanent partial disability. The minimum weekly rate is $20.
Can you choose your own doctor for workers' comp in Arkansas?
The employer or its insurance carrier has the right to choose the treating doctor, and the employer or insurer should give the worker a notice of medical rights (Form AR-N). If you are not satisfied with the first doctor, ask the claims handler to approve another doctor, or write to the Commission to request a Change of Physician. Failing to follow the change-of-physician rules can mean the new doctor's bills are not paid. Emergency treatment may be covered.
How does permanent disability work under workers' comp in Arkansas?
For a permanent impairment, the Legislature assigns a number of weeks to each body part and to the body as a whole; that number is multiplied by the physician's impairment rating to set the weeks of permanent partial disability benefits. In 2026 the PPD rate is generally 75% of the worker's total disability rate, up to $715 per week; for amputation or total loss of use of a member, the PPD rate equals the TD rate. If the impairment reduces earning ability, wage-loss benefits may also be available. Permanent total disability benefits are paid for life.
What workers' comp death benefits are available in Arkansas?
If a work injury causes death, weekly payments may be made to surviving dependents, and the employer is liable for funeral expenses up to a maximum of $6,000. Benefits to partially dependent survivors are paid in proportion to the degree of dependency.
How do you file a workers' comp claim in Arkansas?
Workers usually do not need to apply to the Commission: the employer reports the injury to its insurer and files the First Report of Injury (Form 1), and benefits should start automatically. If benefits are denied or not paid, contact the Commission's Legal Advisor Division (1-800-250-2511), which can arrange a preliminary conference or mediation. If the problem is not resolved, file WCC Form AR-C, Claim for Compensation, with the Commission.
How do you appeal a denied workers' comp claim in Arkansas?
After a claim (Form AR-C) is filed, disputes not resolved by a Legal Advisor's preliminary conference or mediation are assigned, on request, to a Commission Administrative Law Judge for a hearing. Either party may hire an attorney; attorney fees must be approved by the Commission, and in contested cases half the fee is paid by the employer or insurer. Decisions of an Administrative Law Judge can be appealed to the Full Commission.
Can you be fired for filing workers' comp in Arkansas?
An employer may not discharge or discriminate against a worker for exercising rights under the Workers' Compensation Law. There is no specific requirement to hold the job open, but an employer who refuses without reasonable cause to return the worker to work may have to pay the difference in average weekly wage, for up to one year.
How long can you receive workers' comp in Arkansas?
Temporary total disability is paid during the healing period while the worker is totally unable to earn wages. Permanent partial disability is paid for a set number of weeks: the law assigns a number of weeks to each body part and to the body as a whole, and that number is multiplied by the doctor's impairment rating. A worker who is permanently and totally disabled is entitled to benefits for life. Disability benefits for a mental injury are limited to 26 weeks.
How do workers' comp settlements work in Arkansas?
A claim can be settled by a joint petition filed by the employer or insurer and the injured worker, but every final settlement must be approved by the Arkansas Workers' Compensation Commission. An administrative law judge holds a hearing, the worker must appear and testify, and the petition must explain in detail why the settlement is in the worker's best interest. The petition must be signed by all parties and verified, and any attorney's fee must be stated in it and stay within the legal limits.
How do I file or check a workers' comp claim online in Arkansas?
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.
How much can a workers' comp lawyer charge in Arkansas?
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.
Can you sue your employer for a work injury in Arkansas?
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.
Can you sue a third party for a work injury in Arkansas?
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.
What if my employer doesn't have workers' comp insurance in Arkansas?
Employer without coverage: if an Arkansas employer fails to secure workers' comp as required, the injured employee (or the legal representative if the injury causes death) may either claim compensation under the workers' comp law or sue the employer for damages. In that lawsuit the employee need not prove freedom from contributory negligence, and the employer cannot raise fellow-servant negligence, assumption of risk or the employee's contributory negligence.
How long do you have to appeal a denied workers' comp claim in Arkansas?
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.
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