The Arkansas workers compensation act — formally the Arkansas Workers’ Compensation Law (Ark. Code Ann. § 11-9-101), found at Arkansas Code Annotated Title 11, Chapter 9 (§ 11-9-101 through § 11-9-1001) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Arkansas workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Arkansas at a Glance
| Official name | Workers’ Compensation Law (Ark. Code Ann. § 11-9-101) |
| Where it lives | Arkansas Code Annotated Title 11, Chapter 9 (§ 11-9-101 through § 11-9-1001) |
| First enacted | 1939 |
| Reporting deadline | § 11-9-701 — the worker should give the employer notice of the injury right away. The statute sets no fixed number of days. The employer is not responsible for disability, medical or other benefits from before it receives the notice. |
| Filing deadline | § 11-9-702 — a claim must be filed with the Commission within 2 years from the date of the compensable injury. If some compensation has already been paid, a claim for more must be filed within 1 year from the last payment or 2 years from the injury, whichever is greater. A filed claim may be barred if the worker gets no weekly benefits and no medical treatment for 2 years after filing. |
| Exclusive remedy | § 11-9-105(a) — workers’ comp is the employee’s exclusive remedy against the employer. Main exception, § 11-9-105(b): if the employer failed to secure compensation, the employee may choose to sue in court instead. Arkansas case law also allows a narrow exception for injuries the employer specifically intended. |
In This Arkansas Guide:
What the Arkansas Workers Compensation Act Is
An workers’ compensation act is an no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Arkansas workers compensation act dates to 1939. It lives at Arkansas Code Annotated Title 11, Chapter 9 (§ 11-9-101 through § 11-9-1001), and the official text is linked in the sources.
Who the Arkansas Workers Compensation Act Covers
§ 11-9-102 (definition of “employment”) together with § 11-9-401 (duty to secure compensation) — covers employers who regularly employ 3 or more employees. Coverage also applies with 1 or more employees for a contractor who subcontracts any part of a contract, and for a subcontractor. § 11-9-102 (definition of “employment”) — leaves out domestic servants, agricultural farm labor and certain other listed workers.
Employers with fewer than 3 regular employees are also outside it, except contractors and subcontractors.
Deadlines in the Arkansas Workers Compensation Act
Waiting period: § 11-9-501(a) — 7 days. No compensation is paid for the first 7 days of disability, not counting the day of injury, and payment starts on the 9th day. If disability lasts 2 weeks, compensation is paid back to the first day of disability, excluding the day of injury..
Wage-loss rate: § 11-9-501 — the total disability rate is 66 2/3 percent of the employee’s average weekly wage, with a minimum of 20 per week. The maximum changes every year: see § 11-9-501 and the AWCC benefit-rate schedule..
Arkansas Workers Compensation Act: Key Sections at a Glance
The sections of the Arkansas workers compensation act that decide most cases, each with its citation:
| Coverage mandate | § 11-9-102 (definition of “employment”) together with § 11-9-401 (duty to secure compensation) — covers employers who regularly employ 3 or more employees. Coverage also applies with 1 or more employees for a contractor who subcontracts any part of a contract, and for a subcontractor. |
| Exemptions | § 11-9-102 (definition of “employment”) — leaves out domestic servants, agricultural farm labor and certain other listed workers. Employers with fewer than 3 regular employees are also outside it, except contractors and subcontractors. |
| Report an injury | § 11-9-701 — the worker should give the employer notice of the injury right away. The statute sets no fixed number of days. The employer is not responsible for disability, medical or other benefits from before it receives the notice. |
| File a claim | § 11-9-702 — a claim must be filed with the Commission within 2 years from the date of the compensable injury. If some compensation has already been paid, a claim for more must be filed within 1 year from the last payment or 2 years from the injury, whichever is greater. A filed claim may be barred if the worker gets no weekly benefits and no medical treatment for 2 years after filing. |
| Waiting period | § 11-9-501(a) — 7 days. No compensation is paid for the first 7 days of disability, not counting the day of injury, and payment starts on the 9th day. If disability lasts 2 weeks, compensation is paid back to the first day of disability, excluding the day of injury. |
| Wage-loss rate | § 11-9-501 — the total disability rate is 66 2/3 percent of the employee’s average weekly wage, with a minimum of 20 per week. The maximum changes every year: see § 11-9-501 and the AWCC benefit-rate schedule. |
| Exclusive remedy | § 11-9-105(a) — workers’ comp is the employee’s exclusive remedy against the employer. Main exception, § 11-9-105(b): if the employer failed to secure compensation, the employee may choose to sue in court instead. Arkansas case law also allows a narrow exception for injuries the employer specifically intended. |
| Retaliation | § 11-9-107 — an employer may not willfully discriminate in hiring, tenure or any term or condition of work because of a claim, and may not obstruct the filing of claims. The Commission can fine the employer up to 10000, paid to the Second Injury Trust Fund by the employer, not the insurer. The prevailing party can recover costs and a reasonable attorney’s fee. The statute also provides for a Class D felony. |
| Uninsured employer penalty | § 11-9-406 — an employer that fails to secure coverage faces a fine of up to 10000 set by the Commission or a Class D felony. The Commission may also fine up to 1000 per day of violation, paid to the Death and Permanent Total Disability Trust Fund. |
| Who hears disputes | § 11-9-704 and § 11-9-711 — an Administrative Law Judge of the Arkansas Workers’ Compensation Commission hears disputed claims first. The Full Commission reviews ALJ decisions, and appeals then go to the Arkansas Court of Appeals. |
The Exclusive-Remedy Bargain in the Arkansas Workers Compensation Act
§ 11-9-105(a) — workers’ comp is the employee’s exclusive remedy against the employer. Main exception, § 11-9-105(b): if the employer failed to secure compensation, the employee may choose to sue in court instead. Arkansas case law also allows a narrow exception for injuries the employer specifically intended.
Retaliation and Penalties Under the Arkansas Workers Compensation Act
§ 11-9-107 — an employer may not willfully discriminate in hiring, tenure or any term or condition of work because of a claim, and may not obstruct the filing of claims. The Commission can fine the employer up to 10000, paid to the Second Injury Trust Fund by the employer, not the insurer. The prevailing party can recover costs and a reasonable attorney’s fee.
The statute also provides for a Class D felony. § 11-9-406 — an employer that fails to secure coverage faces a fine of up to 10000 set by the Commission or a Class D felony.
The Commission may also fine up to 1000 per day of violation, paid to the Death and Permanent Total Disability Trust Fund. § 11-9-704 and § 11-9-711 — an Administrative Law Judge of the Arkansas Workers’ Compensation Commission hears disputed claims first. The Full Commission reviews ALJ decisions, and appeals then go to the Arkansas Court of Appeals.
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Recent Amendments to the Arkansas Workers Compensation Act
No amendment to the Arkansas workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Arkansas Workers Compensation Act
Statute pages are written for lawyers, so read the Arkansas workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Arkansas workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Arkansas claim guide turns these sections into steps and dates, and the Arkansas requirements guide covers the employer side.
Frequently Asked Questions
Where is the Arkansas workers compensation act in the code?
Arkansas Code Annotated Title 11, Chapter 9 (§ 11-9-101 through § 11-9-1001). The sources below link to the official text.
How long do I have to report a work injury under the Arkansas act?
§ 11-9-701 — the worker should give the employer notice of the injury right away. The statute sets no fixed number of days. The employer is not responsible for disability, medical or other benefits from before it receives the notice.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Arkansas workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Arkansas Sources & Resources
- Arkansas Arkansas Workers’ Compensation Commission (AWCC), within the Arkansas Department of Labor and Licensing: https://labor.arkansas.gov/workers-comp/awcc-about-us/
- Arkansas Workers’ Comp Statute: https://law.justia.com/codes/arkansas/title-11/chapter-9/subchapter-1/section-11-9-101/
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Arkansas workers compensation act guide was last verified against official Arkansas sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.