Workers' comp deadlines in Arkansas: tell your employer and file

Tell your employer in Arkansas

Counted from

The time of the injury (immediately); for emergency treatment outside business hours, by the employer's next regular business day

In writing?

Yes, in writing

If you are late

Failure to give notice does not bar the claim if your employer knew about the injury, if you did not know the condition was caused by your work, or if the Commission excuses the failure for a satisfactory reason. But benefits for the time before your report may not be owed.

Illness that develops over time

Failure to give notice does not bar a claim if you did not know that the condition or disease arose out of your employment.

Report the injury to your employer or supervisor immediately, on the Commission's Form AR-N and to the person or place your employer has named. Give the time, place and nature of the injury. If you need emergency treatment outside your employer's business hours, report it on the next regular business day. Your employer does not have to pay disability, medical or other benefits for the time before it receives your report of injury.

Source: Employee's Notice of Injury

Law: Ark. Code Ann. § 11-9-701 (as printed on AWCC Forms AR-N and AR-P)

Source: labor.arkansas.gov

File your claim in Arkansas

Time limit

2 years

Counted from

The date of the compensable injury (for additional benefits after payments were made: 1 year from the last payment of compensation or 2 years from the injury, whichever is later)

What to file

Claim for Compensation, filed directly with the Arkansas Workers' Compensation Commission

Source: Form AR-C

Claim form

Employee's Notice of Injury

Who files it

You give Form AR-N to your employer. Your employer sends it, with the First Report of Injury, to its insurance carrier, which reports to the Commission. You do not have to apply to the Commission for benefits that are paid without a dispute; if benefits are denied or stopped, you file Form AR-C with the Commission.

Source: Form 1

What your employer must do

Employers must post Form AR-P in the workplace, give you Form AR-N when you report an injury, send the First Report of Injury to the insurance carrier right away, and provide wage statements and status reports when the carrier asks.

Source: instructions to employers and employees; Form 1

When the insurer decides

The first installment of compensation becomes due on the 15th day after the employer has notice of the injury, unless the employer has denied liability. If your claim is denied, the employer or carrier may still have to pay for treatment if you asked in writing for medical care before getting it, the employer did not refer you to a provider within 48 hours, and the injury is later found compensable.

A claim for initial benefits is barred unless you file it with the Workers' Compensation Commission within 2 years from the date of the injury. If benefits were paid and you are claiming additional benefits, you have 1 year from the last payment of compensation or 2 years from the date of injury, whichever is later. Your employer's report to its insurer does not stop this clock; filing Form AR-C with the Commission does.

Law: Ark. Code Ann. § 11-9-702

Source: labor.arkansas.gov

Law: Ark. Code Ann. §§ 11-9-514(f), 11-9-701

Source: labor.arkansas.gov

Waiting period and first payment in Arkansas

Waiting period

Disability benefits are not paid for the first 7 calendar days of disability, starting the day after the injury, and the time off must be at the direction of your approved doctor. Benefits start on the eighth day.

Paid back for the waiting days

If your disability lasts more than 14 days, you are also paid for the first 7 days. The days do not have to be in a row.

First payment

The first installment is due on the 15th day after your employer has notice of the injury, unless the claim is denied. If you report the injury promptly, the Commission says you should get your first check within 14 days, not counting the date of injury, and then a check every two weeks.

How often you are paid

Every two weeks

Law: Ark. Code Ann. § 11-9-501(a)

Source: labor.arkansas.gov

Deadline helper

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