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This site is operated by Mustafa Bilgic, an individual based in Adiyaman, Turkiye. The operator is NOT a licensed attorney, NOT a law firm, and does NOT provide legal advice. This page is informational research compiled from public statutes, agency guidance, and legal-education sources. Verify current law with the official state publisher and consult a licensed attorney in Arkansas.

Address: Malazgirt No: 225, 02000 Adiyaman, Turkiye
Email: [email protected]

Research note

No fake verdicts, invented averages, or testimonials. Dollar examples are hypothetical only. Verify rates with Arkansas Workers' Compensation Commission (AWCC).

Arkansas imposes the strictest proof requirement in American workers' compensation law: every compensable injury must be supported by "objective medical findings." Under section 11-9-102(4)(D), a medical condition must be demonstrable through objective testing such as MRI, X-ray, CT scan, nerve conduction study, or measurable clinical findings. Subjective complaints of pain alone, without objective diagnostic confirmation, are not sufficient. This makes Arkansas an outlier even among employer-friendly Southern states and significantly affects how claims are valued and settled.

Arkansas workers compensation at a glance

RuleArkansas (AR)
TTD rate66 2/3% of AWW
Max weekly formula85% of SAWW (verify current year)
Waiting period7 days
Retroactive threshold14 days (if disability exceeds 14 days, first 7 days compensated)
Statute of limitations2 years from injury (1 year for certain occupational disease claims)
NoticeAs soon as practicable; failure to notify does not bar claim if employer had actual knowledge
SystemAdministrative (AWCC administrative law judges)
Settlement approvalCommission approval required; Joint Petition process for compromise settlements
Doctor choiceEmployer selects initial treating physician; employee may petition AWCC for one change
Coverage threshold3+ employees
Governing lawArk. Code Ann. section 11-9-101 et seq.
Notable rule"Objective medical findings" requirement (section 11-9-102(4)(D)) demands independently observable evidence for every compensable claim. Mental injury benefits capped at 26 weeks.

How temporary total disability works in Arkansas

Under section 11-9-501, TTD pays 66 2/3 percent of the injured worker's average weekly wage. The AWCC publishes the updated maximum rate annually. Arkansas uses a 7-day waiting period with a 14-day retroactive threshold (FindLaw confirmed: retroactive after 14 days). TTD continues until MMI, return to work, or voluntary job abandonment.

Arkansas courts have held that refusing a bona fide offer of light-duty employment may result in loss of TTD benefits. The average weekly wage is calculated from the 26 weeks of employment immediately preceding the injury.

Arkansas PPD schedule (Ark. Code Ann. section 11-9-521)

Scheduled weeks for permanent partial disability. Verify with Arkansas Workers' Compensation Commission (AWCC).

Body partWeeks
Thumb60
Index finger35
Middle finger30
Ring finger20
Little finger15
Hand150
Arm200
Great toe30
Foot125
Leg175
Eye100
Hearing (one ear)35
Hearing (both)140

Estimate your Arkansas workers comp benefits

Educational estimate only. Verify rates with Arkansas Workers' Compensation Commission (AWCC).

The objective medical findings requirement: Arkansas's strictest-in-the-nation rule

Section 11-9-102(4)(D) means a worker cannot receive benefits for an injury that exists only as a subjective complaint. The law requires findings "independently observed or measured by a physician." This eliminates claims based solely on self-reported pain or conditions that produce no measurable abnormalities on diagnostic testing.

A worker claiming a back injury must produce imaging showing a disc herniation, fracture, or structural abnormality. A soft-tissue strain with no imaging findings and no measurable range-of-motion deficit may not be compensable even if it causes genuine pain. This standard affects settlement valuation because insurers in Arkansas regularly challenge claims lacking objective documentation.

Mental injury limitations

Arkansas caps mental injury benefits at 26 weeks under section 11-9-113(b)(2) (FindLaw confirmed). Mental injuries must arise from a physical injury (no "mental-mental" claims) and must also meet the objective medical findings standard. Death from a mental injury must occur within one year. These are among the most restrictive mental-injury rules in the country.

Three-employee coverage threshold

Arkansas exempts employers with fewer than 3 employees from mandatory coverage (FindLaw confirmed), making it one of the lowest thresholds. The $10,000 willful discrimination fine under section 11-9-107 (FindLaw confirmed) protects workers who file claims from employer retaliation.

Settlement process in Arkansas

Arkansas uses a Joint Petition process requiring AWCC approval. The Commission reviews medical evidence and settlement reasonableness. Attorney fees (typically 25 percent) are also subject to approval. Settlements can close all future rights or preserve medical benefits. Because of the objective-findings requirement, many Arkansas claims settle for less than comparable injuries in other states.

The practical effect of the objective-findings rule on settlements is significant: an insurer defending a claim in Arkansas can point to the absence of imaging abnormalities as grounds for denial, which shifts the settlement negotiation in the employer's favor. Workers should obtain comprehensive diagnostic workups (MRI, CT, nerve conduction studies, measurable range-of-motion testing) as early as possible after the injury. A claim supported by clear objective findings commands a stronger settlement position than one relying primarily on the worker's subjective complaints, even if those complaints are genuine and debilitating.

Medical treatment and doctor selection in Arkansas

Employers have the initial right to select the treating physician under section 11-9-514. The employee may petition the AWCC for one change of physician with reasonable cause shown. Additional changes require further approval and are granted sparingly. Emergency treatment is covered regardless of provider. Arkansas has adopted medical fee schedules capping reimbursement rates.

Related resources

Other state workers comp calculators

Frequently asked questions

What are objective medical findings in Arkansas?

Under section 11-9-102(4)(D), an injury must be demonstrated through findings 'independently observed or measured by a physician,' such as MRI, X-ray, CT scan, or measurable range-of-motion deficits. Subjective complaints alone are not sufficient.

Are mental injuries compensable in Arkansas?

Only under very limited conditions. Benefits are capped at 26 weeks, must arise from a physical injury, and must meet the objective-findings standard. This is one of the most restrictive mental injury rules nationally.

How many employees trigger coverage in Arkansas?

Three or more. Employers with fewer than 3 employees are exempt.

What is the statute of limitations?

Two years from injury for most claims. Some occupational disease claims have a 1-year deadline.

Can I choose my own doctor in Arkansas?

Initially the employer selects. You may petition the AWCC for one change if reasonable cause is shown.

What is the waiting period?

Seven days. Benefits begin on day 8. If disability exceeds 14 days, the first 7 days are paid retroactively.

Is this page legal advice?

No. SettlementCalculator.xyz is operated by Mustafa Bilgic, a non-attorney individual operator. Consult a licensed Arkansas attorney.

Where can I verify current Arkansas benefit rates?

Visit the AWCC at labor.arkansas.gov/workers-comp/ or contact them directly.

Cited sources