Arkansas Workers’ Comp for Landscapers: The Complete 2026 Guide
Quick Answer: Landscapers in Arkansas are fully covered by workers’ compensation for injuries that happen on the job. Benefits pay 66.67% of your average weekly wage, up to a maximum of $953.00 per week (2026 rate set by the Arkansas Workers’ Compensation Commission). Coverage includes medical treatment, temporary disability payments, and permanent impairment awards.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state before making any legal decisions.
From Shane: Why Landscapers Don’t File — And Why That’s a Mistake
I’ve talked to dozens of landscapers over the years. Smart, hardworking people. And almost every one of them told me the same thing after they got hurt: “I didn’t think I could file” or “My boss told me it wasn’t covered” or “I thought I’d lose my job.”
That’s exactly what some employers want you to believe.
Landscaping is brutal on the body. You’re running equipment with exposed blades, lifting constantly in summer heat, working on uneven terrain, and sometimes operating trucks and trailers — all in one shift. The injury risk is real. According to the U.S. Bureau of Labor Statistics, the landscaping and groundskeeping sector recorded an injury and illness rate of 4.1 cases per 100 full-time workers in 2022 — higher than the national private-sector average of 2.7.
You earned those benefits. Arkansas law backs you up. This guide shows you exactly how to claim them.
Who Is Covered Under Arkansas Workers’ Comp Law?
Arkansas Code Annotated § 11-9-101 et seq. governs workers’ compensation in the state. Employers with three or more employees are required to carry workers’ comp insurance. If your landscaping company has at least three workers on payroll — including full-time, part-time, and seasonal employees — you are almost certainly covered.
Key coverage facts:
| Factor | Arkansas Rule |
|---|---|
| Minimum employer size | 3 or more employees |
| Benefit rate | 66.67% of average weekly wage |
| Maximum weekly benefit (2026) | $953.00 |
| Waiting period (lost time) | 7 days (retroactive if disability exceeds 14 days) |
| Statute of limitations | 2 years from injury or last payment |
| Governing body | Arkansas Workers’ Compensation Commission (AWCC) |
Top 4 Injuries That Land Arkansas Landscapers in the Workers’ Comp System
1. Lacerations and Amputations from Power Equipment
Mowers, trimmers, edgers, and chainsaws are everywhere in this job. Blade contact — whether from a kickback, a slip, or a safety guard that was removed — causes some of the most severe and expensive injuries in the trade. These claims are rarely disputed on causation, but expect your employer to argue the injury happened because of your own negligence. In Arkansas, contributory negligence does not bar a workers’ comp claim — it only matters in third-party lawsuits.
2. Heat Exhaustion and Heat Stroke
Arkansas summers are punishing. Working outdoors in July and August with limited shade and inadequate water breaks creates genuine medical emergencies. Heat stroke is a compensable workers’ comp injury in Arkansas when it occurs within the course and scope of employment. The challenge: employers sometimes argue that heat illness is a “personal condition” rather than a work-caused event. Document every symptom, the temperature, your shift hours, and who supervised you.
3. Back, Shoulder, and Knee Injuries from Repetitive Motion and Heavy Lifting
Hauling mulch bags, loading equipment onto trailers, pulling hoses, and running vibrating equipment for hours destroys joints over time. These injuries are harder to claim because employers love to argue pre-existing conditions. Get imaging done immediately. A compression fracture that shows acute injury markers is far harder to deny than a vague complaint of back pain.
4. Slip, Trip, and Fall Injuries
Wet grass, uneven terrain, hillsides, ditches, and getting on and off equipment multiple times per day all create fall hazards. Falls are the second leading cause of occupational fatalities nationally (BLS, 2022). In landscaping, a fall from a mowing slope or off a truck bed can cause fractures, head injuries, and spinal damage that end careers.
What the Law Says vs. What Actually Happens
Arkansas law is clear. If you are an employee who gets hurt doing your job, you are entitled to medical treatment and wage replacement benefits. That is what the law says.
Here is what actually happens in the landscaping industry:
The Independent Contractor Misclassification Trap
This is the number-one tactic used by landscaping companies to dodge workers’ comp liability. An employer calls you a “subcontractor,” pays you with a 1099, and tells you that means you’re on your own. Arkansas courts apply a right-to-control test to determine true employment status — not what a piece of paper says. If your employer tells you when to show up, what tools to use, and which jobs to do, you may legally be an employee regardless of how you are classified on paper. The AWCC has the authority to make that determination. Do not assume a 1099 ends your claim.
Blaming Pre-Existing Conditions
Landscapers who have had previous back or knee problems are especially vulnerable to this tactic. Arkansas workers’ comp law covers aggravation of pre-existing conditions. If your work made an existing injury worse, that worsening is compensable. You need medical documentation showing the work activity changed your condition.
Pressuring Workers Not to Report
Some smaller landscaping outfits will tell an injured worker to “just take a few days off” or offer to pay medical bills out of pocket to avoid a formal claim. This is dangerous for you. It delays the official clock, limits your rights, and may leave you with no compensation if the injury turns out to be serious. Always file a formal report.
Real Case Example: Marcus, a Crew Leader in Fayetteville
Marcus is 34 years old and works as a crew leader for a mid-size landscaping company in Fayetteville. He earns $22.00 per hour and works 45 hours per week on average.
His injury: While mowing a steep commercial property in August 2025, the mower slips on wet grass. Marcus falls down the slope, the mower rolls partially over his left leg, and he sustains a fractured tibia and significant soft tissue damage to his knee.
His average weekly wage (AWW):
$22.00 × 45 hours = $990.00 per week
His temporary total disability (TTD) benefit:
$990.00 × 66.67% = $660.03 per week
Marcus is off work for 14 weeks before returning to light duty. His total TTD payout:
14 weeks × $660.03 = $9,240.42
After maximum medical improvement (MMI), his treating physician assigns him a 12% permanent partial impairment (PPI) to the lower extremity. Under Arkansas’s scheduled injury chart, the lower extremity is assigned 220 weeks of compensation. His PPI benefit:
220 weeks × 12% = 26.4 weeks × $660.03 = $17,424.79
His employer’s insurer also paid all medical bills, which totaled approximately $31,000 for surgery, physical therapy, and follow-up care.
Total value of Marcus’s claim: approximately $57,665.
Without filing, he would have received nothing except whatever the employer voluntarily offered — which in his initial conversation was a vague promise to “cover the doctor bills.”
Arkansas-Specific Rules Landscapers Need to Know
Seasonal and Temporary Workers Are Covered
Arkansas does not exclude seasonal agricultural-adjacent workers from workers’ comp the way some states do with farm labor. Standard landscaping work — mowing, planting, trimming, irrigation installation — is not classified as agricultural labor under Arkansas law. You are covered even if you are only employed for the spring and summer season.
No Collective Bargaining / Union Consideration
Arkansas is a right-to-work state. Union membership does not affect your workers’ comp rights or the claims process. Your claim goes through the AWCC regardless of union status.
Drug Testing After Injury
Arkansas allows employers to require a drug test after a workplace injury. A positive test creates a rebuttable presumption that the employee’s intoxication caused the injury, which can reduce benefits by 50% or result in denial. If you are tested and the result is positive, you can challenge this presumption with evidence showing the substance did not actually cause the accident.
Two-Year Statute of Limitations
You have two years from the date of injury (or from the date of the last payment of benefits) to file a claim with the AWCC. Do not wait. Evidence disappears, witnesses forget, and your rights erode over time.
Frequently Asked Questions
Q: My landscaping boss says I’m an independent contractor. Does that mean I can’t file workers’ comp?
Not necessarily. Arkansas uses the right-to-control test to determine your actual employment status, not just what your contract says. Courts and the AWCC look at factors including: who controls how and when you work, whether you provide your own tools, whether you work exclusively for one company, and whether the work is part of the employer’s regular business. Landscaping companies that misclassify workers as 1099 contractors to avoid insurance premiums are a known problem in this industry. If your employer set your schedule, told you which properties to service, provided the equipment, and supervised your work, you may be legally considered an employee. An Arkansas workers’ comp attorney can file a claim arguing misclassification, and the AWCC has authority to make the final call. Do not self-disqualify based on a piece of paper your boss handed you.
Q: I hurt my back, but I had a back injury years ago. Can my employer deny my claim because of that?
Arkansas workers’ comp law recognizes the aggravation doctrine. If your current job duties aggravated, accelerated, or combined with your pre-existing condition to produce your current disability, your claim is compensable. The key is medical evidence. You need a physician who can document that your work activities — lifting mulch, operating vibrating equipment, bending repeatedly — contributed to your current condition beyond its natural progression. Employers and their insurers will obtain your entire prior medical history and argue your condition is purely pre-existing. Counter this by getting your own independent medical evaluation if needed, and by documenting every specific physical task you performed before the injury occurred.
Q: What is the first thing I should do after I get hurt on a landscaping job in Arkansas?
Report the injury to your supervisor immediately and in writing. Arkansas law does not set a hard deadline for oral reporting, but written notice is far harder to dispute. After reporting, seek medical attention — your employer or their insurer has the right to direct you to their authorized physician for treatment. Go to that physician first. If you disagree with that physician’s findings later, you may request a change of physician through the AWCC. Document everything: the date, time, location, what you were doing, who witnessed it, what equipment was involved, and any safety issues you observed. Do not give a recorded statement to the insurance company without first consulting an attorney.
Q: How long will my workers’ comp benefits last in Arkansas?
Temporary total disability (TTD) benefits continue for as long as you are unable to work, up to a maximum of 450 weeks under Arkansas Code § 11-9-501. Once you reach maximum medical improvement (MMI) — the point at which your condition has stabilized — TTD ends. If you have a permanent impairment, you transition to permanent partial disability (PPD) benefits calculated using Arkansas’s scheduled injury chart or the wage-loss method for unscheduled injuries. Permanent total disability benefits are available if you cannot return to any gainful employment. Medical benefits for an accepted compensable condition continue as long as reasonably necessary, without a fixed end date.
Q: My employer fired me after I filed a workers’ comp claim. Is that legal in Arkansas?
No. Arkansas Code § 11-9-107 prohibits employers from discriminating against or discharging an employee solely because they filed a workers’ comp claim. If you were fired in retaliation for filing, you may have a separate civil cause of action against your employer. Retaliation claims must be filed in circuit court, not through the AWCC. Document everything: the timing of your termination relative to your claim, any communications from supervisors, and any pretextual reasons given for your termination. Retaliation shortly after filing is a strong factual basis for a claim. Consult an attorney immediately if this happens to you.
Q: What if my injury was partially my fault? Do I still get benefits?
Yes. Arkansas workers’ compensation is a no-fault system. You do not have to prove your employer was negligent, and your own negligence does not disqualify you from receiving benefits. The sole exception involves willful misconduct — if you intentionally injured yourself or were violating a specific known safety rule with no legitimate reason, benefits may be reduced or denied. A mistake, a moment of inattention, or even poor technique does not constitute willful misconduct. The system is specifically designed to cover workplace accidents regardless of fault, which is the trade-off employers accepted in exchange for immunity from civil lawsuits.
Q: The insurance company’s doctor says I can return to full duty but I’m still in pain. What can I do?
This is one of the most common and most frustrating situations in the entire workers’ comp system. The insurance company’s authorized treating physician has significant power over your claim, but their opinion is not final. You have the right to request a change of physician through the AWCC. You can also obtain an independent medical evaluation (IME) from a physician of your own choosing, and that opinion can be submitted as evidence in a formal hearing. If there is a genuine medical dispute about your ability to return to work, that dispute can be adjudicated before an AWCC administrative law judge. Do not simply accept a return-to-work release that doesn’t match how your body actually feels. Get a second opinion, in writing, before making any decisions.
This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in Arkansas before taking legal action on your claim.
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