Arkansas workers' compensation

Understanding Arkansas workers' compensation insurance

Situated in the heartland of the United States, Arkansas offers a unique mix of Southern charm and a pioneer spirit. From the bustling vibrancy of Little Rock to the natural beauty of the Ozark Mountains, the Natural State beckons both adventure seekers and business visionaries.

With a thriving economy and a diverse range of industries, Arkansas provides ample opportunities for businesses to prosper. When it comes to protecting your business and your employees, it's essential to find the right workers' compensation insurance.

What is workers' compensation?

Workers' compensation is a system of insurance required for employers with three or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.

Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.

Arkansas workers' compensation laws and rules

Arkansas workers’ comp coverage is legally required for all businesses with three or more full-time or part-time employees (excluding sole proprietors).

Arkansas's workers' compensation laws are designed to protect both employees and employers in the event of workplace injuries or illnesses. 

Key aspects include coverage for medical expenses, wage replacement benefits, and compensation for permanent disabilities. 

Employees who are injured on the job must report their injuries to their employer promptly, usually within 30 days. Employers must then report the incident to their workers' compensation insurance partner and the Arkansas Workers' Compensation Commission.

Employees can verify online if their employer has coverage.

Coverage and benefits

Who is covered?

Policies include protection for full-time and part-time workers.

Exemptions from workers’ compensation in Arkansas may include, for example:

  • Railroad and maritime workers
  • Agricultural farm labor
  • Domestic help
  • Non-profit employees
  • Religious, charitable or relief organizations

Covered injuries and illnesses

Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions.

Benefits provided

Arkansas workers’ comp insurance provides three types of benefits for work injuries:

  • Medical benefits
  • Lost wages 
  • Death benefits

These benefits include:

  • Medical treatment for work-related accidents, injuries and/or illnesses 
  • Temporary disability benefits 
  • Permanent disability benefits
  • Continued medical maintenance 
  • Death benefits to dependents

Arkansas workers’ compensation rates

Arkansas laws place a limit on how much an employee can receive in combined temporary disability benefits and permanent partial disability benefits. The cap changes each year.

As of October 2023, the weekly compensation rate in Arkansas is two-thirds of a person’s average weekly wage, up to a weekly maximum of $876 for total disability and $657 for permanent partial disability.

Arkansas workers' compensation insurance process

Filing a workers' compensation claim

Step 1: Employee reports injury to employer 

The employer should be notified of the injury as soon as possible so they can complete the required forms in a timely manner. 

Step 2: Seek medical care

Workers are to seek care from a doctor chosen by their employer or the employer’s workers’ compensation insurance partner. 

If the employee is not satisfied with the care of the chosen doctor, they may elect to exercise a one-time right to request a change of physician. 

Employers should not file a Change of Physician Request form for employees unless the employee has specifically chosen the doctor being requested.

Step 3: Employer reports injury

Arkansas workers’ compensation law requires employers to file a report and related Arkansas workers’ compensation forms within 10 days of the injury.

Step 4: Receive benefits

If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.

Step 5: Return to work

Following their recovery, a worker is expected to resume work safely. If an employee is unable to return to their previous position or any other type of work due to their work-related injury, they may be entitled to permanent total disability benefits.

How to get workers' compensation

Insurance requirements for employers

Generally, employers in Arkansas with three or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with these requirements is essential to protect both the employer and employees.

Choosing the right insurance partner

When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.  

We recommend requesting multiple quotes and comparing the offerings before making a decision.

Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.

Insurance regulations, laws, and available coverages can change. The information provided on this website is for general informational purposes only. Please consult the
Arkansas
Departments of Insurance and/or Labor for the most up-to-date and detailed information.

Information updated as of January 1, 2024
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Frequently asked questions

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What are the penalties for non-compliance with workers' compensation laws in Arkansas?

Employers who fail to secure workers’ compensation coverage for their business may face a fine of up to $10,000. Failure to pay may result in a court order urging the employer to halt further employment until they pay the fines or secure workers’ compensation coverage.

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Can an employee sue their employer for a work-related injury or illness?

In most cases, employees in Arkansas are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.

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Are independent contractors covered by workers' compensation insurance?

Generally, independent contractors aren’t covered by workers' compensation insurance in Arkansas. Workers' compensation laws typically apply to employees rather than independent contractors.

However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If you’re unsure about your classification, we recommend seeking legal guidance.

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How long do I have to report a work-related injury or illness?

Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.

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How do I verify an employer’s coverage?

Employees can verify online if their employer has coverage.

Expert assistance and resources