Arkansas firefighters and their families continue to have important protections when a firefighter is killed or seriously injured in the line of duty. Recent legislation changed the administration of some of these benefits, including the scholarship benefits available to the children and spouses of firefighters.
Death and Permanent Disability Benefits Remain Available
Previously, under Ark. Code Ann. § 6-82-503, a full-time or volunteer firefighter who was killed or became permanently and totally disabled while performing hazardous duty in the line of duty could provide scholarship benefits for his or her spouse and children. Those benefits provided up to eight semesters of scholarship assistance at an Arkansas state-supported college, university, or technical institute.
Additionally, Ark. Code Ann. § 21-5-704 provides benefits through the State of Arkansas for firefighters who are killed or become permanently and totally disabled in the line of duty. The statute provides a $50,000 death benefit and a $10,000 benefit for permanent and total disability.
The term “permanently and totally disabled” was defined in the statutes as being unable to return to work as a firefighter. It does not necessarily require that the firefighter be unable to perform any type of employment.
Arkansas Heroes Scholarship Act
In 2025, the Arkansas General Assembly passed Act 340, which repealed the prior scholarship provisions in Ark. Code §6-82-503 and created the Arkansas Heroes Scholarship Act, found at Ark. Code Ann. § 6-82-2501 et seq.
The Arkansas Heroes Scholarship Act continues the scholarship benefits for spouses and children of firefighters who are killed or become permanently and totally disabled in the line of duty.
The new law does not appear to change the prior permanent and total disability definition because it is not defined in the new Act. The statute continues to use the phrase “permanently and totally disabled,” and it does not create a new definition that would require a firefighter to meet a different disability standard as far as I can see at this time.
Elimination of the Hazardous Duty Requirement
One significant improvement under the Arkansas Heroes Scholarship Act is that eligibility no longer appears to require proving that the injury occurred while performing “hazardous duty.”
Under the prior law, you had to prove that the death or injury occurred in the performance of “hazardous duty” and there were several cases where I had to argue before the Arkansas Claims Commission that a firefighter’s injury occurred during “hazardous duty.” My position was that every training exercise or every call should be considered a “hazardous duty.”
The new law appears to remove that additional hurdle, making the scholarship eligibility process simpler for qualifying families.
Who Qualifies for the Arkansas Heroes Scholarship?
The Arkansas Heroes Scholarship provides assistance for eligible spouses and children of firefighters killed or permanently and totally disabled in the line of duty.
Some eligibility requirements include:
- The student must meet Arkansas residency requirements.
- The student must be a U.S. citizen or permanent resident.
- The student must be the biological child, legally adopted child, or qualifying stepchild of the firefighter.
- The child generally must have been born before the date of death or disability (or otherwise meet the statutory requirements regarding pregnancy or adoption).
- A student must maintain eligibility requirements, including academic standards.
- Benefits are not available indefinitely and include age limitations under the statute.
Additional information regarding the Arkansas Heroes Scholarship can be found through the Arkansas Division of Higher Education https://sams.adhe.edu/Scholarship/Details/HEROES
Workers’ Compensation and Other Potential Benefits
Remember that when a firefighter is injured in the line of duty, workers’ compensation benefits should also be available. However, workers’ compensation benefits are limited and may not fully compensate a firefighter for all losses.
Also remember that a firefighter may also have a third-party claim if another person or entity contributed to causing the injury. A third-party claim may allow recovery for damages not available through workers’ compensation, including full wage loss, loss of earning capacity, permanent impairment, and pain and suffering.
Report Injuries Immediately
Please remember that if you or another firefighter are injured on the job, it is important to report the injury as soon as possible and make sure there is documentation of what happened.
An injury that initially seems minor can later become career-ending. Without timely reporting and documentation, it can become much more difficult to establish entitlement to benefits when those benefits are needed most.
Assistance for Injured Firefighters
As General Counsel for the Arkansas Professional Firefighters Association, Martin Law Firm is committed to helping protect the rights and benefits of Arkansas firefighters and their families.
If you or a fellow firefighter is injured in the line of duty, we are available to provide information and guidance regarding available benefits, including workers’ compensation, disability benefits, third-party claims, and other potential sources of recovery. We are happy to answer questions and provide information at no cost to firefighters and their families.
Aaron Martin
479-442-2244
https://martinlawpartners.com/