State of the States August 29, 2025

National – The Center for Construction Research and Training (CPWR) released a Data Bulletin analyzing heat-related injuries and illnesses among construction workers. In 2023, construction accounted for over one-third of all occupational heat-related deaths, with 15 fatalities and a rate of 0.15 per 100,000 full-time equivalents (FTEs). From 2021 to 2022, 620 nonfatal heat-related injuries in construction resulted in days away from work. The bulletin includes an interactive dashboard that breaks down data by subsector, geography, and injury type. 

The National Council on Compensation Insurance (NCCI) released its 2025 brief analyzing updates to Medicare fee schedules and their implications for workers’ compensation medical costs. The report reviews changes made by the Centers for Medicare & Medicaid Services (CMS) across key service categories: physician, facility, and DMEPOS (Durable Medical Equipment, Prosthetics, Orthotics, and Supplies).   

New Jersey – A 5792 was passed this week. As a reminder, A 5792 aims to provide workers’ compensation coverage for counseling services for first responders. Specifically, the bill would require employers of first responders to provide up to 12 hours of paid confidential counseling with a licensed mental health professional for critical incidents, plus an additional 24 hours if necessary. According to the bill text, first responders would include paid 911 dispatchers, law enforcement officers, paid firefighters, and members of emergency response teams.

Ohio – The Ohio Bureau of Workers’ Compensation (BWC) Board of Directors approved a 1% rate reduction for public employers, effective January 1, 2026. The change is expected to lower annual premiums by approximately $1.8 million. 

Texas – The Texas Division of Workers’ Compensation (DWC) proposed amendments to its supplemental income benefit (SIB) rule to align the rule’s language with statutory requirements. Under current law, injured workers with a permanent impairment rating of 15% or higher may qualify for SIBs if they have not returned to work or earn less than 80% of their pre-injury wages despite actively searching for employment. The proposed amendments would require these workers to submit copies of their job applications to document their work search efforts. Comments on the proposed rules can be submitted to rulecomments@tdi.texas.gov through 5 pm October 6th.  

The Texas Department of Insurance’s Workers’ Compensation Research and Evaluation Group (REG) released its 2025 Income Benefits Report. The report analyzes income replacement rates and profiles of injured employees who received the maximum compensation. It covers temporary income benefits, impairment income benefits, supplemental income benefits, lifetime income benefits, death benefits, and burial benefits.  

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