Workers' Comp Settlements in Arkansas
Whether a workers' comp claim can be settled in Arkansas, who must approve the settlement, and how long benefits can last.
Short answer: 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. A.C.A. § 11-9-805; Commission Rule 099.19 (Joint Petition Settlements); Arkansas Workers' Compensation Questions & Answers
| 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. |
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| 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. |
| 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. |
Where to get help in Arkansas
More Arkansas workers' compensation
- Filing a Workers' Comp Claim in Arkansas
- How Much Workers' Comp Pays in Arkansas
- Retaliation for Filing Workers' Comp in Arkansas
- Suing Over a Work Injury in Arkansas
- Appealing a Denied Workers' Comp Claim in Arkansas
- All Arkansas workers' compensation rules
FAQ
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 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 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.
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.