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Workers' Compensation Summary - Arkansas

The Workers' Compensation Commission administers the Workers' Compensation Law in Arkansas. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Arkansas. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Workers' Compensation Commission, and is current as of January 2011.

In Arkansas, compensation benefits are adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect from January 1, 2011 to December 31, 2011, unless otherwise noted.

Type of Law and Insurance Requirements

In Arkansas, workers' compensation is compulsory, but some waivers are permitted. There is no state fund. Employers may insure through private carriers, self-insurance, or groups of employers. Employers with fewer than 3 employees are generally exempt. Employment in which two or more employees are employed by any person engaged in building or building repair work is covered. Also covered is employment in which one or more employees is employed by a subcontractor or by a contractor who subcontracts any part of his contract. Sole proprietors or partners who devote full time to the business are covered unless they elect not to be covered. Executive officers of corporation or self-insured employers may waive coverage but must provide coverage for employees of business even if such waiver reduces the number of employees to less than three.

Coverage of Agricultural Workers

Employers may secure coverage voluntarily, even though no statutory provisions are prescribed.

Coverage of Domestic Employees

Employers are permitted to provide voluntary coverage.

Medical Benefits

Provides full medical benefits initially. Employer liability ceases six months after injury where no time is lost from work, or six months after a claimant returns to work, or a maximum of $10,000 has been paid, unless the employer waives rights or the Commission extends time and dollar limits.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $20 and the maximum is $575, 85% of SAWW. The maximum period of payments is 450 weeks.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $20 and the maximum is $575, 85% of SAWW. The maximum period of payments is the duration of disability.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $20 and the maximum is $431. For non-scheduled injuries, the maximum period of payments is 450 weeks and the maximum benefit payment is $193,950. If the claimant's TTD rate for injury is $205.35 or greater, the maximum PPD rate will be 75% of claimant's total disability rate, up to the PPD maximum. If the claimant's TTD rate for injury is less than $205.35, PPD is 66 2/3% of the worker’s average weekly wage, up to a $154.00 maximum. The PPD rate for amputation or permanent total loss of use of a member is the same as the employee's Total Disability rate. The benefits are subject to 50% pension offset after age 65.

Disfigurement Benefits

Arkansas law covers disfigurements that are "Serious and permanent facial or head". Benefits are a maximum of $3,500; no award for disfigurement shall be entered until 12 months after injury.

Offset Provisions in State Laws

Section 11-9-519(g)--Any permanent total disability benefits payable to an injured worker age sixty five or older shall be reduced in an amount equal to, dollar for dollar, the amount of benefits an injured worker receives or is eligible to receive from a publicly or privately funded retirement or pension plan, but shall not be reduced by employee contributions to a privately funded retirement or pension plan.

Section 11-9-522(f)--Any permanent partial disability benefits payable to an injured worker age 65 or older shall be reduced in an amount equal to, dollar for dollar, the amount of benefits an injured worker receives or is eligible to receive from a publicly or privately funded retirement or pension plan, but shall not be reduced by employee contributions to a privately funded retirement or pension plan.

Contact Information

State of Arkansas
Workers' Compensation Commission
324 Spring Street
P.O. Box 950
Little Rock, Arkansas 72203-0950

Phone: (501) 682-3930
Toll-free: 1-800-622-4472

Legal Advisor Direct: 1-800-250-2511

Arkansas Relay System TDD: 1-800-285-1131

Internet: http://www.awcc.state.ar.us/

Additional Information

A chart of historical compensation benefit levels is available online at:
http://www.awcc.state.ar.us/adv_new/adv2000_1.pdf

Rules of the Commission are available online at:
http://www.awcc.state.ar.us/ruleind.html

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from the AWWC website at:
http://www.awcc.state.ar.us/

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