Appealing a Denied Workers' Comp Claim in Arkansas
The deadline to challenge a denied workers' comp claim in Arkansas, where to file, and the steps from hearing to appeal.
Short answer: 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); Ark. Code Ann. §§ 11-9-702, 11-9-711
| 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. |
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| 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 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. |
Where to get help in Arkansas
More Arkansas workers' compensation
- Filing a Workers' Comp Claim in Arkansas
- How Much Workers' Comp Pays in Arkansas
- Workers' Comp Settlements in Arkansas
- Retaliation for Filing Workers' Comp in Arkansas
- Suing Over a Work Injury in Arkansas
- All Arkansas workers' compensation rules
FAQ
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.
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.
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.
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.