Does Workers' Compensation Cover Permanent Disability in Arkansas?

Suffering a serious workplace injury can change your life in an instant. While many employees eventually recover and return to work, others are left with lasting conditions that make it difficult or even impossible to earn a living again. In these situations, one of the most pressing questions is whether workers’ compensation covers permanent disability in Arkansas. The answer is yes, but the type and amount of benefits depend on several factors, including the severity of the injury, the impact on your ability to work, and the medical evidence you provide. Understanding how the system works can help you protect your rights if you are facing a permanent disability.

What Is Permanent Disability Under Arkansas Workers’ Compensation?

Permanent disability refers to a lasting impairment that remains after you have reached maximum medical improvement, which means your condition is not expected to improve significantly with further treatment. Under Arkansas law, permanent disability is divided into two main categories:

• Permanent Partial Disability (PPD): This applies when you can still work but have lost some of your physical or functional capacity. For example, losing mobility in your shoulder or sustaining hearing loss may limit the type of work you can perform but does not prevent you from working entirely.
• Permanent Total Disability (PTD): This applies when your injuries prevent you from performing any type of gainful employment. Workers who suffer catastrophic injuries, such as severe brain trauma, paralysis, or multiple limb loss, may qualify for permanent total disability.

These categories are important because they determine how your benefits are calculated and how long you can receive payments.

How Are Permanent Disability Benefits Calculated in Arkansas?

Arkansas uses a formula to calculate permanent disability benefits. The process typically involves:

• Medical evaluations: A doctor provides an impairment rating that measures the percentage of loss you have suffered. This rating is based on medical guidelines and helps determine how much compensation you may receive.
• Average weekly wage: Your benefits are based on a percentage of the wages you earned before your injury. This ensures that your compensation reflects your earning history.
• Scheduled vs. unscheduled injuries: Some body parts, such as arms, legs, or eyes, are assigned “scheduled” values under the law. Compensation is determined based on the schedule. Unscheduled injuries, such as back injuries, may be evaluated differently depending on how they impact your overall ability to work.

Permanent total disability benefits are typically paid for life, while permanent partial disability benefits are limited to a set number of weeks based on the severity of the impairment. This makes accurate medical documentation critical to your claim.

Can You Work While Receiving Permanent Disability Benefits?

Many workers wonder whether they can still work while receiving permanent disability benefits. The answer depends on the type of disability:

• Permanent partial disability: You may be able to return to work in a limited capacity, such as taking on light-duty tasks or switching to a less physically demanding job. Your benefits may be adjusted depending on how much income you are able to earn.
• Permanent total disability: If you are classified as totally disabled, you are generally not expected to return to work. Any income earned could impact your eligibility and may result in reduced or terminated benefits.

It is important to discuss your situation with an attorney before making decisions about returning to work. Attempting to work without proper guidance could put your benefits at risk.

What Challenges Do Workers Face When Seeking Permanent Disability Benefits?

Even though workers’ compensation is designed to provide support, employees often encounter challenges when seeking permanent disability benefits. Some of the most common issues include:

• Disputes over impairment ratings: Insurance companies may argue that your impairment is less severe than your doctor claims, reducing your benefits.
• Denial of claims: Employers or insurers may claim that your injury was not work-related or that you are still able to work, leading to a denial.
• Pressure to return to work: Some workers are pushed to accept light-duty jobs before they are ready, which can jeopardize both their health and their benefits.
• Complex calculations: Determining scheduled vs. unscheduled injuries and calculating compensation is often complicated, leading to mistakes that hurt injured workers.

Because of these challenges, many workers turn to experienced attorneys to protect their rights and ensure they receive fair compensation for their permanent injuries.

Why Is Legal Representation So Important?

Workers’ compensation cases involving permanent disability are often more complex than temporary injury claims. The long-term financial impact is greater, which means employers and insurers have more incentive to dispute your case. Having legal representation can make the difference between a fair settlement and years of financial struggle.

An attorney can help by:

• Gathering medical records and expert testimony to support your impairment rating
• Challenging unfair denials or reductions in benefits
• Explaining how scheduled and unscheduled injuries apply to your case
• Negotiating settlements that account for future medical care and lost earning potential

Without strong advocacy, you risk leaving money on the table or losing benefits you are legally entitled to receive.

At Walker Law Group, we represent injured workers throughout Fort Smith and across Arkansas who are facing permanent disabilities. We know how devastating a workplace injury can be and how important it is to secure the benefits you need for long-term stability. If you or a loved one is struggling with a permanent disability claim, you can contact us today to discuss your case and learn how we can help protect your rights and your future.