Arkansas Workers' Compensation Laws

Most employers with 3 or more employees must carry workers' compensation insurance. Construction/building repair employers: 2+ employees. Subcontractors and contractors who subcontract: 1+ employee. Exempt: agricultural farm labor, casual employment not in the employer's trade, and certain state employees covered by other programs.

TTD benefits are 66 2/3% (two-thirds) of the employee's average weekly wage, subject to a state maximum. Maximum weekly rate for 2026: $953. There is a 7-day waiting period; if disability exceeds 14 days, the waiting period is retroactively compensated. Benefits based on the average weekly wage over the 52 weeks preceding injury.

The employer or its insurance carrier has the right to select the initial treating physician. However, the claimant has an absolute right, one time during the claim, to petition the Commission for a change of treating physician. The change must be approved by the Commission.

Employers must report injuries to the Commission within 10 days. The first payment to the employee is due by the 15th day after the date of disability. The insurer must admit or controvert liability by the 15th day.

It is unlawful for an employer to discharge or discriminate against an employee solely because the employee has filed or pursued a workers' compensation claim. Employees who are retaliated against may bring a civil action for reinstatement, back pay, and attorney's fees.