Ark. Code Ann. » Title 11 Chapter 09
Arkansas Code Annotated

Ark. Code Ann. § 11-9-103 (2026)

Applicability

✓ current as of May 2026
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  1. Every employer and every employee, unless otherwise specifically provided in this chapter, shall be subject to the provisions of this chapter and shall be bound thereby. However, nothing in this chapter shall be construed to conflict with any valid act of Congress governing the liability of employers for injuries received by their employees.
  2. This chapter shall apply only to claims for injuries and death based upon accidents which occur from and after December 2, 1948.
  3. The Workers' Compensation Law in effect prior to December 2, 1948, shall govern all rights in respect to claims for injuries and death based upon accidents occurring prior to the effective date of this chapter.
  4. For purposes of this chapter, employment status as an employee or independent contractor is determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq.

History. Init. Meas. 1948, No. 4, § 3, Acts 1949, p. 1420; A.S.A. 1947, § 81-1303; Acts 2019, No. 1055, § 6.

A.C.R.C. Notes. Acts 2001, No. 1757, § 9, provided:

“Nothing in the act, which originated as House Bill 2646 of 2001, nor in Act 1552 of 1999 shall impliedly repeal any part of Act 796 of 1993. Act 796 of 1993 is expressly reaffirmed by this act, which originated as House Bill 2646 of 2001.”

Amendments. The 2019 amendment added (d).

Research References

ALR.

Award of workers' compensation benefits to professional athletes. 112 A.L.R.5th 365.

Application of workers' compensation laws to illegal aliens. 121 A.L.R.5th 467.

Case Notes

Appeals.

The specific provision in the Workers' Compensation Act providing that a notice of appeal may be filed within 30 days of the “receipt” of the order or award of the commission controls rather than the provision in ARAP 4 that requires the notice of appeal to be filed within 30 days from the “entry” of the judgment appealed from. McCarty v. Board of Trustees, 45 Ark. App. 102, 872 S.W.2d 74 (1994).

The time for filing the notice of appeal extends to the next business day when the last day for filing falls on a Saturday or Sunday. McCarty v. Board of Trustees, 45 Ark. App. 102, 872 S.W.2d 74 (1994).

The record on appeal from the Workers' Compensation Commission must be filed in the Court of Appeals within 90 days from the filing of the notice of appeal, as is required in other civil actions. Tribble v. Heartland Express, 45 Ark. App. 124, 872 S.W.2d 86 (1994).

Burden of Proof.

A finding that an employee is subject to the provision of this chapter requires more than just the proof of the employer-employee-carrier relationship; under § 11-9-102(5)(A) (now § 11-9-102(4)), there must also be proof that the injuries arose “out of and in the course of employment.” Lively v. Libbey Mem. Physical Medical Ctr., 317 Ark. 5, 875 S.W.2d 507 (1994).

Presumption.

There is no prima facie presumption that a claim comes within the provisions of this chapter. Duke v. Pekin Wood Prods. Co., 223 Ark. 182, 264 S.W.2d 834 (1954).

Until 1993, a prima facie presumption existed that an injury did not result from intoxication of the injured employee while on duty; Acts 1993, No. 796 changed that presumption by deleting former § 11-9-707(4) and amending § 11-9-102(5)(B)(iv) (now § 11-9-102(4)). Brown v. Alabama Elec. Co., 60 Ark. App. 138, 959 S.W.2d 753 (1998), review denied, 334 Ark. 35, 970 S.W.2d 807 (1998).

Waiver.

Where employee, on her job application form, waived the right to sue clients of the employer for injuries covered by workers' compensation laws, she did not make a void agreement to absolve her employer of liability, but made a valid agreement relinquishing her right to bring additional claims for work-related injuries against employer's clients. Edgin v. Entergy Operations, Inc., 331 Ark. 162, 961 S.W.2d 724 (1998).

Cited: Wilson v. Beloit Corp., 869 F.2d 1162 (8th Cir. 1989).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1998–2024 · leading case: Graham v. Turnage Emp. Grp., 960 S.W.2d 453 (Ark. Ct. App. 1998).
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Graham v. Turnage Emp. Grp., 960 S.W.2d 453 (Ark. Ct. App. 1998). · cites it 4× “There was an absence of substantial evidence to invoke the presumption of Ark. Code Ann. § 11-9-103 (b)(iv), and the Commission abused its discretion by invoking the presumption.”
Brown v. Alabama Elec. Co., 959 S.W.2d 753 (Ark. Ct. App. 1998). · cites it 2× “There was an absence of substantial evidence to invoke the presumption of Ark. Code Ann. § 11-9-103 (b)(iv), and the Commission abused its discretion by invoking the presumption.”
Williams v. Johnson Custom Homes, 264 S.W.3d 569 (Ark. Ct. App. 2007). · cites it 2× “2007) (rendering void any agreement by an employee to waive liability under the workers' compensation code, unless otherwise provided in the chapter); 11-9-401(a)(1) (Repl.”
Montes v. Phoenix Ins. Co. (E.D. Ark. 2024). · cites it 3× “” Ark. Code Ann. § 11-9-103 (a). And the chapter applies “to claims for injures and death based on accidents” that occur after December 2, 1948.”
Ark. Code Ann. § 11-9-103(a): 1 case
Williams v. Johnson Custom Homes, 264 S.W.3d 569 (Ark. Ct. App. 2007). “2007) (rendering void any agreement by an employee to waive liability under the workers' compensation code, unless otherwise provided in the chapter); 11-9-401(a)(1) (Repl.”
Ark. Code Ann. § 11-9-103(b): 1 case
Montes v. Phoenix Ins. Co. (E.D. Ark. 2024). “” Ark. Code Ann. § 11-9-103 (a). And the chapter applies “to claims for injures and death based on accidents” that occur after December 2, 1948.”
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