National – The Workers' Compensation Research Institute (WCRI) released Attorney Representation, Health Recovery, and Medical Payments, a report that examines whether attorney involvement in workers' compensation claims is associated not only with higher benefit payments, but also with differences in injured workers' health outcomes and medical costs. Researchers analyzed survey responses from injured workers in 15 states and linked those responses to administrative claims data, evaluating workers' physical health and functioning approximately three years after injury, along with the medical payments made on their claims. The study aims to provide a better understanding of the relationship between attorney representation, injured worker recovery, and medical spending, as well as identify opportunities to improve claims processes and better align incentives while keeping injured workers' health, recovery, and access to appropriate care at the center of the system.
Healthesystems put out a white paper this week titled “Tipping the Scales? GLP-1 Considerations for Workers’ Comp.” In the final summary, they found “[w]hile utilization today is limited, their cost profile, expanding indications, and broader adoption suggest they will play a more visible role in the future. For payers, the focus is not on broad inclusion or exclusion, but on establishing clear, consistent frameworks for evaluating use – grounded in clinical relevance, functional outcomes, and duration of therapy.”
According to an October 19, 2026, article entitled “Potential Implications for Workplace Violence and Workers’ Comp” in the Insurance Journal, NCCI found “the most recent U.S. Bureau of Labor Statistics assault case data, workplace assaults have shown a clear upward trend: They increased at an annualized rate of 5.3% per year from 2011 through 2021-2022. In the same period, the rate of workplace assaults per 10,000 full-time equivalent (FTE) workers increased by 62%, far outpacing the comparatively modest 13% increase in the nationwide aggravated assault rate over the same period. Assault cases are most heavily concentrated in the health care and social assistance North American Industry Classification System (NAICS) sector, where frequent, direct interaction with patients and clients elevates exposure relative to other sectors. The number of annual assaults in this sector is 10 times the number of assaults in the next largest NAICS sector, retail trade… While health care has the highest share of assault cases, risk has risen across most major sectors. In education, violence is concentrated in elementary and secondary schools, which account for 91.2% of the sector’s cases and post a rate of 22.5 cases per 10,000 FTE workers.”
Delaware – The Insurance Commissioner announced this week that work comp rates will decrease for the tenth year in a row, effective December 1, 2026. The press release stated “for 2026, the voluntary market is expected to decrease average loss costs by 3.99%, while the residual market will see an average rate reduction of 4.11%. This year’s filing comes just before Delaware has enacted Senate Bill 248. The legislation updates the Workplace Safety Program to ensure that employers can again access the full premium savings. Previous legislative changes inadvertently led to lower discounts after the DCRB filed a new Experience Rating Plan. Senate Bill 248 creates the ability for companies to achieve maximum premium savings of up to 12%, while maintaining overall program stability.”
Florida – Florida Office of Insurance Regulation (OIR) will hold a hearing on October 27th to hear testimony from the National Council on Compensation Insurance (NCCI) regarding its proposed workers’ compensation rate filing for policies effective January 1, 2027. NCCI has requested an overall average 7.4% decrease in workers’ compensation insurance rates for Florida’s voluntary market. The virtual public hearing will provide an opportunity for OIR to receive testimony from NCCI, as well as comments from consumers and other interested stakeholders before deciding on the filing. Public comments will be accepted through November 10, 2026. The hearing is open to the public at no cost, and stakeholders may participate virtually or submit comments to OIR for consideration. Public comments will be accepted through November 10, 2026.
Oklahoma – Oklahoma’s Attorney General Drummond said “The Legislative should exercise sound judgment in accordance with Article V, Sections 36 and 55 of the Oklahoma Constitution, to determine the monies’ disposition” with respect to the almost $500,000 sitting in two Guaranty Funds after the Oklahoma Employee Injury Benefit Act was repealed in 2019. This act would have created opt out, which allows employers to draft their own benefit plans, like Texas. Here is a copy of the Attorney General’s opinion.
Also, this week, the Oklahoma Supreme Court ruled Section 43 of the workers’ compensation act is constitutional and does allow insurance carriers to recover death benefits from tort settlements. The issue in the case was whether insurers can take a share of the wrongful death settlement as reimbursement for death benefits it paid out. The decision is dated October 19, 2026, resolves an outstanding question that has existed for over a decade after the legislature expanded subrogation rights. For more information, see this article from Insurance Business Magazine.
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