Retaliation for Filing Workers' Comp in Arkansas
Whether an employer in Arkansas can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not discharge or discriminate against a worker for exercising rights under the Workers' Compensation Law. Arkansas Workers' Compensation Commission, Questions & Answers brochure
| 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. |
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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. |
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
- Suing Over a Work Injury in Arkansas
- Appealing a Denied Workers' Comp Claim in Arkansas
- All Arkansas workers' compensation rules
FAQ
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 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.
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.