Arkansas’ Second Injury Fund was established by Act 750 of 1973. Similar to other states, the Arkansas Second Injury Fund was created to encourage employment of disabled workers by limiting, in the event of a subsequent injury, the employer’s liability for permanent disability benefits. The employee is to be fully protected, in that the Second Injury Fund pays the worker the difference between the employer’s liability and the balance of his disability or impairment which results when the prior disability combines with the current compensable injury to produce the current disability status. However, the Arkansas Second Injury Fund differs from most other states’ funds, in that it only pays indemnity benefits, leaving the medical benefits to be paid by the workers’ compensation provider.
Act 1415 of 2007, was enacted by the General Assembly of the State of Arkansas to amend Arkansas Code §11-9-525, which resulted from Initiated Act 4 of 1948, concerning compensation for second injuries; Act 1415 amends Ark. Code Ann. § 11-9-525 by prohibiting claims for second injuries being made under the provisions of § 11-9-525 on or after January 1, 2008. In effect, this act has eliminated the Second Injury Fund with regard to new claims made after December 31, 2007.
State of Arkansas
Workers' Compensation Commission
324 Spring Street
P.O. Box 950
Little Rock, Arkansas 72203-0950
Telephone 1-501-682-3930 / 1-800-622-4472
Legal Advisor Direct 1-800-250-2511
Arkansas Relay System TDD 1-800-285-1131
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