Is Workers’ Comp Paying You the Right Amount?
If you were hurt on the job in Arkansas and are getting weekly checks from workers’ compensation, you might be wondering am I being paid the right amount?
That’s one of the most common questions we hear at The Martin Law Firm and it’s a good one to ask, because mistakes happen all the time.
How Workers’ Comp Pay Is Calculated in Arkansas
Workers’ compensation benefits in Arkansas are based on your average weekly wage (AWW), which is usually the average of what you earned in the 52 weeks before your injury.
Once your AWW is figured out, you’re generally entitled to two-thirds (66 2/3%) of that amount while you’re off work and receiving active treatment, up to a state maximum that changes each year. These benefits are referred to as temporary total disability benefits or TTD because your condition is “temporary” in that you are still under active treatment, and you have a “total” loss of earnings. The 2025 state maximum for TTD benefits is $903.00 a week. If you want to find the maximum rate for injuries occurring in another year, you can check with the posted rates at this link: https://labor.arkansas.gov/wp-content/uploads/Advisory-2000-1-CY26_formatted.pdf
Example:
If you were injured in 2025 and your average weekly wage (AWW) was $930.00 a week, then your TTD benefits would be $620.00 a week or 1/3 of your AWW.
If you were injured in 2025 and your average weekly wage (AWW) was $1,500.00, then your TTD benefits would exceed the cap of $903.00 a week, and you would be limited to $903.00 a week.
But that’s assuming everything was calculated correctly — and that’s where problems often start.
Common Reasons Workers’ Comp Pays Too Little
Here are some of the most common mistakes we see:
- Overtime or bonuses left out of your wage calculation
- Wrong number of weeks used to calculate your average
- Incorrect job classification (for example, using part-time wages for a full-time worker)
- The insurance company using post-tax instead of gross income
- Rate changes or cost-of-living adjustments missed
Even a small error can mean losing a significant amount of money over time.
What to Do If Your Check Seems Too Low
If your check doesn’t look right, don’t ignore it — you have the right to ask for a written explanation of how your benefit rate was calculated.
You should also:
- Compare it to your pay stubs from before your injury.
- Write down how much you’re being paid each week.
- Ask your employer or the insurance adjuster for your “Form AR-4” (the wage calculation form) if they are paying you below the maximum compensation rate.
- Talk to a workers’ compensation attorney if the math doesn’t add up.
At The Martin Law Firm, we can review your wage records, check the math, and make sure you’re getting every dollar you’re owed.
How Long You Can Get Paid
If you’re off work completely, you should receive temporary total disability (TTD) benefits until your doctor releases you or says you’ve reached maximum medical improvement.
If you can go back to work part-time or light duty, your pay rate may change to temporary partial disability (TPD), which pays two-thirds of the difference between what you earn now and what you used to earn.
Why It Helps to Have an Arkansas Attorney Check Your Rate
Arkansas’s workers’ compensation laws are full of small technical rules that can affect how much you’re paid — especially when insurance companies make “mistakes” in their favor.
Having an experienced local attorney review your case can make a big difference. At the Martin Law Firm in Fayetteville, we help injured workers across the State of Arkansas and make sure they’re being paid fairly and treated with respect.
Free Review
If you think your check might be too low, we’ll review your pay rate for free. If we determine that you are not paid at the correct rate, we will then advise you of your rights. If there is a dispute over indemnity benefits, then the statutory attorney fee is 25% of the recovery and in some cases, your employer or the workers compensation insurance carrier must pay half. Attorney fees are based on a contingency or on a NO WIN NO FEE basis and applies to all attorneys in the State of Arkansas.
Call The Martin Law Firm today at 479-442-2244 or contact us online at https://martinlawpartners.com/contact-us/ to find out if you’re getting the right amount from workers’ compensation.