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Arkansas Workers Compensation Laws

Workers compensation law, rules and policy information for the State of Arkansas

Related Pages:  More About Arkansas Rules

State:  Arkansas

Updated:  01-10-2017

Authority/State Rating Bureau:  NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362

Compulsory:  Yes

Private Insurance:  Allowed

Self-Insurance:  Allowed

State Fund:  No state fund

Assigned Risk:  National Workers Compensation Reinsurance Pool, administered by NCCI.

Numerical Exceptions:  Most employers in Arkansas with three or more employees are required by law to have workers compensation insurance coverage for their employees. There are exceptions to the three-or-more requirement, so employers with fewer than three should check with authorities before assuming they do not fall under the workers compensation laws. Employers in doubt may contact their agent or the commissions Information Officer, its Operations/Compliance Division, or the Legal Advisor Division

Individual Waivers Allowed:  Yes on limited basis.

Small Deductible Program:
Sole Proprietor:  Included/may elect to be excluded - When included a rating payroll of $35,200 is used as of 7-1-2011, $35,700 as of 7-1-2012, $36,800 as of 7-1-2013, $37,800 as of 7-1-2014, $38,500 as of 7-1-2015. $39,500 as of 7-1-2016.

Partners:  Same as sole proprietors

Corporate Officers:  Included in coverage/may elect to be exempt - When included the rating payroll is banded between a mimimum of $36,400 and a maximum of $140,400 as of 7-1-11 and remains the same for 7-11-2012. $36,400/$145,600 as of 7-1-2013, $39,000/$140,800 as of 7-1-2014, $39,000/$156,000 as of 7-1-2015. $750/$3000 per week as of 7-1-2016.

LLC Members:  Included in coverage and treated as a partnership/may elect to be exempt - Applies to members devoted full-time to business.

Election or Rejection of Coverage Forms:  These forms are not readily available on the Arkansas Workers Compensation Website. Contact the Arkansas Workers Compensation Commission about Exclusion or Inclusion forms and procedures.

Note About Forms:  It appears that Arkansas exclusion and inclusion forms are company specific. Be sure to check with your insurance company for the forms they use for exclusion or inclusion.

Contractors:  NA

Special Notes:  NA

Experience Rating Eligibility:  Employers in Arkansas become eligible for an experience modification rate or EMR when they meet one of these parameters:
  • $8,000 in policy premium is generated during the last year or last two years.
  • $4,000 is the average policy premium generated for more than two years.

Workers Compensation Subrogation For Arkansas:  The Arkansas Statute that provides information about subrogation is 11-9-410. Arkansas uses a searchable data base for finding its statutes so we cannot provide you with a direct link. However you can view this statute online by using the link below and when prompted to search enter 11-9-410. Your search will bring up the Arkansas statute on subrogation, third party liability.

Arkansas Workers Compensation Subrogation Statute

Arkansas Workers While In Other States, Other States Workers While In Arkansas, Extraterritorial, Reciprocity and Non-Compliance:  When an Arkansas worker is working temporarily in another state, workers compensation coverage for that worker is governed by the extraterritorial provisions found in Arkansas statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. Reciprocity governs coverage for a worker from another state who is working temporarily in Arkansas. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. An employer in Arkansas will need an endorsement on their policy or they may be considered non-complying. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

  • Extraterritorial: 
    • Provisions: Yes
    • Duration: Not Specific
  • Reciprocity: 
    • Allowed: Yes
  • Specific Statute:  Contact the governing authority in Arkansas for details
  • For More Information Contact:  Arkansas Workers Compensation Commission 800-622-4472

Regulated By: 

Arkansas Insurance Department
1200 W. Third Street
Little Rock, AR 77201

Workers' Compensation Commission
Post Office Box 950
Little Rock, Arkansas 72203-0950

Workers Compensation Statute: 

Arkansas Workers Compensation Statute

Didn't find what you were looking for? Search our site for more about Arkansas rules: 

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

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