The national guide explains workers' compensation in general: the no-fault, exclusive-remedy bargain, Part One and Part Two of the policy, and payroll-based premium. Arkansas's law is the Workers' Compensation Law, Ark. Code Title 11, Chapter 9. Claims are filed with and decided by the Arkansas Workers' Compensation Commission (11-9-702).

Who must be covered (11-9-102(11))

• Domestic servants in a private home and agricultural farm labor are excluded from covered employment.
• Employee versus independent contractor status is decided with the twenty-factor test (11-9-102(9)).
• An exempt employer can come under the law by posting and filing notice at least 30 days before any injury (11-9-403).
• A sole proprietor who hasn't elected coverage may get a certificate of noncoverage from the Commission. A current certificate is valid for two years (11-9-402).
• A prime contractor is liable for the employees of an uninsured subcontractor (11-9-402(a)).

Securing compensation

• Employers secure payment through insurance, Commission-approved self-insurance, or group self-insurance (11-9-404).
• Buying insurance does not shift the primary obligation to pay, which stays with the employer (11-9-401(b)).
• An employer that fails to secure compensation can be fined up to $10,000, or alternatively charged with a Class D felony, plus up to $1,000 per day (11-9-406).
• An employee of an uninsured employer may sue, and the employer can't use fellow-servant negligence, assumption of risk, or contributory negligence as defenses (11-9-105).

What is compensable

• An injury is "accidental" only if caused by a specific incident identifiable by time and place (11-9-102(4)). Listed gradual-onset injuries are the exception, such as carpal tunnel syndrome from rapid repetitive motion and certain back, neck, and hearing-loss injuries.
• A compensable injury must be shown by medical evidence supported by objective findings, meaning findings the patient can't voluntarily control.
• Major cause means more than 50% of the cause.
• There is no liability for an injury substantially caused by the worker's willful intent (11-9-401(a)(2)).
• Benefits are otherwise paid regardless of fault, and they are the employee's exclusive remedy against the employer (11-9-105).

Benefits

Choosing a doctor. The employer chooses the initial treating physician. The employee may petition for a one-time change (11-9-508(d)).

Deadlines

• Notice of injury. Late notice is excused if the employer already knew, the employee didn't know the injury was work-related, or the Commission excuses it (11-9-701). After-hours emergency care is reported by the employer's next business day.
• Filing a claim. Within two years of the compensable injury (11-9-702(a)).
• Additional compensation. The later of one year from the last payment or two years from the injury (11-9-702(b)).

Common exam traps

• The general threshold is 3 employees, but building work is covered at 2 and a subcontracting contractor at 1.
• Domestic servants and farm labor are excluded.
• The waiting period is 7 days, paid back if disability lasts two weeks.
• An accidental injury must be identifiable by time and place, with objective findings.
• The Workers' Compensation Commission decides claims.