Workers' Compensation Law

Arkansas · Labor and Industrial Relations · §§ 11-9-1001 to 11-9-911 · 122 sections

Overview

This act establishes a state's workers' compensation system, defining who counts as an employer and employee, what qualifies as a compensable injury, disability, or death arising from employment, and which family members may claim as survivors. Coverage is presumed for those within its scope — including public entities and their employees, and prisoners and others in custody — subject to exemptions for casual and similar employment that an employer may waive, with benefits measured from average weekly wages; principal contractors and property owners are made liable for the workers of their subcontractors, and a fund backstops claims against uninsured employers. The compensation it provides is the employee's exclusive remedy against the employer, while claims against responsible third parties are preserved and coordinated with any award.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 1,318 court decisions.

Most-cited authority: 328 Ark. 381 - Olsten Kimberly Quality Care v. Pettey

Sections covered

Ark. Code Ann. § 11-9-1001Legislative declaration41 cites
Ark. Code Ann. § 11-9-101Title — Purpose27 cites
Ark. Code Ann. § 11-9-102Definitions391 cites
Ark. Code Ann. § 11-9-103Applicability2 cites
Ark. Code Ann. § 11-9-104Effect of unconstitutionality
Ark. Code Ann. § 11-9-105Remedies exclusive — Exception66 cites
Ark. Code Ann. § 11-9-106Penalties for misrepresentation2 cites
Ark. Code Ann. § 11-9-107Penalties for discrimination for filing claim9 cites
Ark. Code Ann. § 11-9-108Waiver of compensation void — Exception6 cites
Ark. Code Ann. § 11-9-109Agreement to pay premium void
Ark. Code Ann. § 11-9-110Compensation nonassignable, etc., and payable to dependents only — Child support obligations excepted — Definition2 cites
Ark. Code Ann. § 11-9-111Compensation payable to certain alien dependents1 cite
Ark. Code Ann. § 11-9-112Preference for due compensation
Ark. Code Ann. § 11-9-113Mental injury or illness12 cites
Ark. Code Ann. § 11-9-114Heart or lung injury or illness10 cites
Ark. Code Ann. § 11-9-115Disclosure of child support obligations
Ark. Code Ann. § 11-9-116Fund transfer to support Workers' Compensation Fraud Unit of the State Insurance Department
Ark. Code Ann. § 11-9-117Carpal tunnel syndrome guidelines
Ark. Code Ann. § 11-9-118Provider payments while claims are pending
Ark. Code Ann. § 11-9-201Members — Appointment — Compensation5 cites
Ark. Code Ann. § 11-9-202Members — Bond
Ark. Code Ann. § 11-9-203Members — Removal
Ark. Code Ann. § 11-9-204Proceedings2 cites
Ark. Code Ann. § 11-9-205Administration of chapter — Staff and expenditures2 cites
Ark. Code Ann. § 11-9-206Traveling expenses for members and employees
Ark. Code Ann. § 11-9-207Powers and duties4 cites
Ark. Code Ann. § 11-9-208Biennial report
Ark. Code Ann. § 11-9-209Statistical data collection
Ark. Code Ann. § 11-9-210Purchase of annuity contracts — Funding of Death and Permanent Total Disability Trust Fund obligations
Ark. Code Ann. § 11-9-301Funds established5 cites
Ark. Code Ann. § 11-9-302Qualifying fees for carriers, third-party administrators, and self-insurers
Ark. Code Ann. § 11-9-303Payment of tax by carrier — Definition
Ark. Code Ann. § 11-9-304Payment of tax by self-insurer
Ark. Code Ann. § 11-9-305Payment of tax by public employer
Ark. Code Ann. § 11-9-306Determination of surplus and rate of taxation
Ark. Code Ann. § 11-9-307Certification of cost of administering Public Employee Claims Division
Ark. Code Ann. § 11-9-401Employer's liability for compensation12 cites
Ark. Code Ann. § 11-9-402Liability of prime contractors and subcontractors — Sole proprietorships or partnerships14 cites
Ark. Code Ann. § 11-9-403Waiver of exclusion or exemption
Ark. Code Ann. § 11-9-404Security for compensation1 cite
Ark. Code Ann. § 11-9-405Substitution of carrier for employer2 cites
Ark. Code Ann. § 11-9-406Failure to secure payment of compensation — Penalty1 cite
Ark. Code Ann. § 11-9-407Posting notice of compliance1 cite
Ark. Code Ann. § 11-9-408Insurance policies2 cites
Ark. Code Ann. § 11-9-409Safety and health loss control consultative services3 cites
Ark. Code Ann. § 11-9-410Third-party liability41 cites
Ark. Code Ann. § 11-9-411Effect of payment by other insurers8 cites
Ark. Code Ann. § 11-9-412Motor carrier drivers — Definitions
Ark. Code Ann. § 11-9-501Limitations on compensation — Death and disability17 cites
Ark. Code Ann. § 11-9-502Limitations on compensation — Exceptions10 cites
Ark. Code Ann. § 11-9-503Violation of safety provisions4 cites
Ark. Code Ann. § 11-9-504Additional compensation — Illegally employed minor
Ark. Code Ann. § 11-9-505Additional compensation — Rehabilitation21 cites
Ark. Code Ann. § 11-9-506Limitations on compensation — Recipients of unemployment benefits4 cites
Ark. Code Ann. § 11-9-507Special project to improve safety1 cite
Ark. Code Ann. § 11-9-508Medical services and supplies — Liability of employer — Definition46 cites
Ark. Code Ann. § 11-9-509Medical services and supplies — Amounts and time periods
Ark. Code Ann. § 11-9-510Medical services and supplies — Contest of liability1 cite
Ark. Code Ann. § 11-9-511Medical services and supplies — Physical examination1 cite
Ark. Code Ann. § 11-9-512Medical services and supplies — Refusal to submit to operation2 cites
Ark. Code Ann. § 11-9-513Medical services and supplies — Approval of charges
Ark. Code Ann. § 11-9-514Medical services and supplies — Change of physician26 cites
Ark. Code Ann. § 11-9-515Medical services and supplies — Spiritual treatment
Ark. Code Ann. § 11-9-516Medical services and supplies — Information furnished by provider
Ark. Code Ann. § 11-9-517Medical services and supplies — Rules5 cites
Ark. Code Ann. § 11-9-518Weekly wages as basis for compensation13 cites
Ark. Code Ann. § 11-9-519Compensation for disability — Total disability31 cites
Ark. Code Ann. § 11-9-520Compensation for disability — Temporary partial disability
Ark. Code Ann. § 11-9-521Compensation for disability — Scheduled permanent injuries21 cites
Ark. Code Ann. § 11-9-522Compensation for disability — Unscheduled permanent partial disability43 cites
Ark. Code Ann. § 11-9-523Compensation for disability — Hernia11 cites
Ark. Code Ann. § 11-9-524Compensation for disability — Disfigurement2 cites
Ark. Code Ann. § 11-9-525Compensation for disability — Second injuries24 cites
Ark. Code Ann. § 11-9-526Compensation for disability — Refusal of employee to accept employment17 cites
Ark. Code Ann. § 11-9-527Compensation for death20 cites
Ark. Code Ann. § 11-9-528Employer records
Ark. Code Ann. § 11-9-529Employer reports2 cites
Ark. Code Ann. § 11-9-530Managed care implementation
Ark. Code Ann. § 11-9-601Compensation generally16 cites
Ark. Code Ann. § 11-9-602Compensation for silicosis or asbestosis3 cites
Ark. Code Ann. § 11-9-603Practice and procedure1 cite
Ark. Code Ann. § 11-9-701Notice of injury or death9 cites
Ark. Code Ann. § 11-9-702Filing of claims41 cites
Ark. Code Ann. § 11-9-703Preliminary conference procedure
Ark. Code Ann. § 11-9-704Proceedings on claims91 cites
Ark. Code Ann. § 11-9-705Nature of proceedings generally30 cites
Ark. Code Ann. § 11-9-706Conduct of proceedings — Contempt1 cite
Ark. Code Ann. § 11-9-707Presumptions10 cites
Ark. Code Ann. § 11-9-708Depositions
Ark. Code Ann. § 11-9-709Witness fees
Ark. Code Ann. § 11-9-710Attorneys
Ark. Code Ann. § 11-9-711Finality of order or award — Review39 cites
Ark. Code Ann. § 11-9-712Enforcement of order or award1 cite
Ark. Code Ann. § 11-9-713Modification of awards11 cites
Ark. Code Ann. § 11-9-714Costs in proceedings brought without reasonable grounds3 cites
Ark. Code Ann. § 11-9-715Fees for legal services36 cites
Ark. Code Ann. § 11-9-716Lump-sum attorney's fees2 cites
Ark. Code Ann. § 11-9-717Attorney's signature1 cite
Ark. Code Ann. § 11-9-801Methods of payment
Ark. Code Ann. § 11-9-802Installments9 cites
Ark. Code Ann. § 11-9-803Controversion of right to compensation
Ark. Code Ann. § 11-9-804Lump-sum settlement
Ark. Code Ann. § 11-9-805Joint petition for final settlement8 cites
Ark. Code Ann. § 11-9-806Disputed source of benefits
Ark. Code Ann. § 11-9-807Credit for compensation or wages paid4 cites
Ark. Code Ann. § 11-9-808Deposit or bond to secure payment
Ark. Code Ann. § 11-9-809Interest6 cites
Ark. Code Ann. § 11-9-810Notice of payment
Ark. Code Ann. § 11-9-811Investigations1 cite
Ark. Code Ann. § 11-9-812Incarceration of injured employee1 cite
Ark. Code Ann. § 11-9-813Deductibles
Ark. Code Ann. § 11-9-901Creation — Exemption
Ark. Code Ann. § 11-9-902Rules
Ark. Code Ann. § 11-9-903Liability
Ark. Code Ann. § 11-9-904Amount of fund — Assessment — Inadequacy
Ark. Code Ann. § 11-9-905Report to board of directors on financial condition of self-insurer
Ark. Code Ann. § 11-9-906Money to be vested in corporation — Annual audit
Ark. Code Ann. § 11-9-907Investment — Use of funds
Ark. Code Ann. § 11-9-908Subrogation
Ark. Code Ann. § 11-9-909Action against self-insurer
Ark. Code Ann. § 11-9-910Private sector participants
Ark. Code Ann. § 11-9-911Termination of self-insurer status — Liability

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