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★ Arkansas · workplace

Workplace settlements
in Arkansas.

By Reviewed by Abd Shanti, Founder9 min read

Arkansas pays injured workers two thirds of their wages up to $953 a week for 2026 injuries. When a product causes the injury, the worker can also sue its maker, and the Supreme Court struck down two limits on those suits.

Facts that decide a workplace claim in Arkansas

Total disability, 202666 2/3% of the average weekly wage, up to $953 a week (85% of the $1,120.68 state average weekly wage).Arkansas Workers’ Compensation Commission, Advisory 2000-1 update for 2026
Permanent partial disability, 2026Up to $715 a week, 75% of the total disability rate; the minimum for both is $20 a week.Arkansas Workers’ Compensation Commission, Advisory 2000-1 update for 2026
Suits against product makersThe 2003 laws on assigning fault to nonparties and limiting medical cost evidence were held unconstitutional.Johnson v. Rockwell Automation (Ark. 2009)
Deadline to sueThree years for most injury actions, which must “be commenced within three (3) years after the cause of action accrues.”Ark. Code Ann. § 16-56-105, as quoted in Gunn v. Farmers Insurance Exchange (Ark. 2010)
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★ AR · reported workplace outcomes

What Arkansas courts have awarded.

Real Arkansas decisions and verdicts, each linked to the court record or official report.

  • Johnson v. Rockwell Automation
    Arkansas Supreme Court · 2009
    Two tort reform provisions struck down

    Darrell Johnson, a control systems mechanic at Eastman Chemical, was injured in 2004 when a starter bucket he was working on became electrically powered when it should not have been. He sued the makers for defective design. On questions from a federal court, the Arkansas Supreme Court held the nonparty fault provision and the limit on medical cost evidence were unconstitutional.

  • Kroger Ltd. Partnership v. Fee
    Arkansas Court of Appeals · 2014
    Benefits award affirmed in part, reversed in part

    A Kroger worker tripped and fell while unloading a truck in 2010, hurting his neck and back; scans showed no fractures, and he was diagnosed with cervical and lumbar strain. The Commission’s rulings on his continuing medical treatment and temporary total disability benefits were affirmed in part and reversed in part.

★ AR · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Arkansas.

  1. 1

    A defective machine opens a second claim. Johnson sued the product makers, not his employer, and that route allows pain and suffering damages that compensation does not pay.

  2. 2

    The maximum is tied to the state average weekly wage, $1,120.68 for 2026, so check the year of injury.

  3. 3

    Benefit disputes often turn on when treatment and disability end, as in Fee, where the Commission’s cutoff dates were contested.

★ AR · statute of limitations
3 years for personal injury; 2 years for medical malpractice

Ark. Code Ann. § 16-56-105

★ AR · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred if claimant is 50% or more at fault.

★ AR · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Arkansas.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Arkansas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Arkansas · you are hereModified comparative, 50% bar3 years for personal injury; 2 years for medical malpractice—
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · workplace →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · workplace →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · workplace →
MississippiPure comparative negligence3 years from date of injuryMS · workplace →
North CarolinaPure contributory negligence3 years from date of injuryNC · workplace →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace →
IdahoModified comparative, 50% bar2 years from date of injuryID · workplace →
KansasModified comparative, 50% bar2 years from date of injuryKS · workplace →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · workplace →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
★ AR · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in Arkansas? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of AR
Arkansas overview

Fault rule, statute, caps, and key facts for Arkansas as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Arkansas. See /methodology, /sources, and /disclaimer.