National – Workers' Compensation Research Institute (WCRI) released Effect of Losing Medicaid on Workers' Compensation Benefits, which examines the relationship between Medicaid coverage and workers' compensation claims. The report analyzes how changes in Medicaid enrollment may affect the use of workers' compensation, medical benefits and related costs. It also evaluates differences in healthcare utilization and benefit patterns among injured workers who lose Medicaid coverage compared to those who remain enrolled. The study uses claims and coverage data to assess the interaction between public health insurance programs and workers' compensation systems.
A group of congressional Democrats led by Sen. Elizabeth Warren recently urged OSHA to abandon proposed changes to federal respirator regulations, arguing the changes could weaken protections for workers exposed to hazardous substances, such as asbestos, lead, and formaldehyde. As a reminder, OSHA is considering proposals that would eliminate medical evaluation requirements for employees using filtering facepiece respirators, including N95 masks, and loose-fitting powered air-purifying respirators, while also revising respirator provisions across several chemical-specific standards. The letter comes as OSHA moves closer to deciding whether to finalize the proposed changes following the close of the rulemaking record earlier this fall.
The National Council on Compensation Insurance (NCCI) released the report Medical Treatment Dynamics: A State-Level Analysis, which examined workers' compensation medical treatment patterns from 2016 to 2023. The report found injured workers generally received initial treatment later than in prior years, with average time to first treatment increasing by two days overall, eight days for physical therapy, and ten days for major surgery. The share of claims treated on the injury date declined from 48% to 43%, while initial care increasingly occurred in non-facility settings. Despite these delays, average treatment duration remained essentially unchanged at about 218 days. The study also found significant variation among states and noted that longer delays in initiating physical therapy or major surgery were often associated with longer treatment durations for those claim types.
Alabama – The National Council of Compensation (NCCI) recommended a 2.2% decrease in Alabama workers' compensation loss costs, effective March 1. The filing cites continued declines in claim frequency and relatively stable lost-time claim costs after adjusting for inflation. NCCI also proposed a 1.6% increase in assigned risk market rates.
South Carolina – The National Council of Compensation (NCCI) recommended a 1.2% reduction in voluntary market workers' compensation loss costs in South Carolina, effective April 1. According to the filing, claim frequency continues to trend downward, although large-loss claims remain a significant driver of costs. The filing also reflects increased loss adjustment expenses and updates related to the state's medical fee schedule.
2026 Midterm Elections – Voters headed to the polls on November 3, and the results produced a significant shift in the political landscape. Democrats are projected to regained control of the U.S. Senate and won back the U.S. House of Representatives, creating divided government for the final two years of President Trump's term. Democrats also secured several unexpected victories in traditionally Republican states, making the election one of the most consequential midterms in recent decades. While these elections do not directly change workers' compensation laws, the outcomes could influence future discussions surrounding labor policy, healthcare, workplace safety, and regulations at both the federal and state levels. As new political leaders take office, workers' compensation stakeholders will be watching closely for potential regulatory and policy shifts.
Federal Election Highlights –
- U.S. Senate Democrats flipped several Republican-held Senate seats, which ultimately allowed Democrats to regain Senate control and expand their majority. These victories included:
- Texas
- Kansas
- Iowa
- Ohio
- North Carolina
- South Carolina
- Maine
- U.S. House Democrats gained enough seats nationwide to reclaim control of the House of Representatives, with numerous districts flipping from Republican to Democratic control, particularly in battleground and suburban districts. Final seat counts are still being certified in some states.
State Elections –
- Several governor's offices also changed party control and flipped from Republican to Democratic states:
- Texas
- Georgia
- Ohio
- Iowa
- Nevada
- State legislative races also saw notable shifts, with Democrats flipping at least three legislative chambers and potentially gaining control of five overall. Key battleground states included:
- Arizona
- Michigan
- Pennsylvania
- Wisconsin
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