DWC Releases Annual Report on Occupational Fatalities in Texas

DWC Releases Annual Report on Occupational Fatalities in Texas

Some 557 fatal occupational injuries were reported in Texas in 2024, seven fewer than the number reported the year previous, according to a report released by the Texas Department of Insurance, Division of Workers’ Compensation (DWC). The 557 deaths represented an incident rate of 3.9 per 100,000 full-time equivalent (FTE) employees.

Nationally, there were 5,070 fatal occupational injuries reported in 2024, for an incident rate of 3.3 per 100,000.

According to the report, the trade, transportation and utilities industry had the highest number of fatalities in Texas in 2024, with 175 incidents. The next highest total was reported in the construction industry, which had 128 incidents. The natural resources and mining industry was third, with 62 incidents.

The occupation with the highest number of fatalities in Texas in 2024 was driver/sales workers and truck drivers, with 124 incidents, a decrease from 144 in 2023. The second highest total was recorded in construction laborers, with 46 incidents.

In 2024, reported incidents were concentrated among men (92% of 557), with employees 55 and over representing 28%.

Fatalities by ethnicity/race were as follows:

  • Hispanic or Latino: 253 fatal injuries (45% of fatalities).
  • White (non-Hispanic): 39% of fatalities.
  • Black or African American (non-Hispanic): 11% of fatal injuries.
  • Asian (non-Hispanic): 4% of fatalities.

The report is available here.

Driver Behavior Is Primary Predictor of Commercial Collisions

Driver behavior — not road conditions, mileage or other external factors — is the primary predictor of harmful collisions involving a commercial vehicle, according to a recent analysis of 1.2 billion hours of dashcam footage taken in 2024 and 2025.

The findings are included in Motive’s 2026 AI Road Safety Report, which found that for every collision involving a commercial vehicle, organizations now observe seven near-collisions. These near-collisions can be used as early warning signals to target driver behavior before damage occurs.

Motive used data from commercial drivers using its Motive AI Dashcam across the United States, Mexico and Canada in 2024 and 2025 to identify why collisions occurred.

Motive says its data show the most dangerous hours are when drivers are tired and visibility is low — late at night, early in the morning, and around dusk.

Overnight hours carry the highest chances for collision. During months when daylight savings time is in effect, Motive says collision risk is highest around 3 a.m., with collision rates nearly three times higher than they are at midday. Once daylight savings time ends, the collision risk is highest around 6 p.m., during dusk.

Other top factors identified include aggressive driving and cell phone use.

According to the report, drivers involved in collisions consistently have higher rates of speeding, hard cornering, and lane swerving than those who avoid collisions. For instance, the report says that in October 2025, drivers who experienced a collision were 25% more likely to hard corner or swerve lanes and 7% more likely to speed.

More information about the report is available here.

Marijuana Rescheduling: What Nonsubscribers Need to Know Before the Rules Change
By Patti Kelly of RxBridge

On Dec. 18, 2025, President Trump signed an Executive Order directing the Department of Justice to take all necessary steps to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act, as expeditiously as possible. Importantly, the Executive Order does not itself reschedule marijuana. The DEA must still complete a formal rulemaking process, and the timeline remains uncertain.

What rescheduling would and wouldn’t do matters enormously for how employers respond. Moving marijuana to Schedule III would acknowledge its widely accepted medical use and lower abuse potential while maintaining federal controls on unauthorized activities. It would not result in the legalization of recreational use, and employers would likely retain the right to prohibit impairment at work and maintain drug-free workplace policies.

But the implications don’t stop there. Once marijuana is rescheduled to Schedule III, employees may begin asserting ADA accommodation claims in ways courts have historically rejected, because those courts relied on marijuana’s Schedule I status as grounds for denial. That legal shelter disappears with rescheduling. For nonsubscribers managing occupational injury claims under a negligence framework rather than a no-fault workers’ compensation system, the prospect of accommodation-related litigation adds another layer of complexity.

The post-accident drug testing picture is equally murky. According to Quest Diagnostics, post-accident marijuana positivity rates reached their highest level in 25 years in 2022, with 7.3% of workers testing positive immediately after an incident, a 204% increase over the prior decade, correlating with state-level marijuana legalization trends. Rescheduling is unlikely to reverse that trajectory. Yet standard urine testing, the most common post-accident tool, cannot establish whether an employee was actually impaired at the time of injury, only that marijuana metabolites were present. That distinction is already being litigated in workers’ comp systems across the country, and nonsubscriber employers may experience similar challenges.

For now, the rescheduling process remains incomplete, existing drug testing policies remain in force, and the rulemaking timeline is uncertain. The practical takeaway for nonsubscribers is straightforward: This is not a reason to panic, but it is a good call to action. It’s a good time to review your drug-free workplace policies and confirm they are current, clearly written, and consistently enforced. Evaluate your post-accident testing protocols and understand what your results can and cannot demonstrate about impairment. And consult with legal counsel on how rescheduling may affect your exposure under the ADA and Texas state law as the rulemaking process unfolds.

The rules haven’t changed yet. But the window to get ahead of the changes is open now.

Proposal Includes Cuts to OSHA Budget

The Trump administration is proposing a 7.5% budget cut for the U.S. Occupational Safety and Health Administration (OSHA).

The proposal is included in the U.S. Department of Labor’s (DOL) budget in a brief released in April. It proposes a $582.3 million OSHA budget for fiscal year 2027, which begins Oct. 1, 2026. The current OSHA budget is $629.3 million.

The 2027 proposed budget includes funding for 1,500 full-time equivalent (FTE) employees, a decrease from 1,639 FTE employees in the current fiscal year. DOL cites attrition for the drop in FTEs.

The proposal includes eliminating the $12.7 million Susan Harwood Training Grant program, which DOL says is wasteful and has limited evidence of success.

It also includes a focus on shifting from what DOL says are harsh penalties for safety violations to providing worksite assistance during safety inspections.

The budget would shift $5.5 million and staff from Whistleblower Enforcement to the DOL Office of Civil Rights to enforce non-Occupational Safety and Health Act whistleblower provisions.

More information about the proposed budget is available here.

Key Themes Identified in Elevating Workplace Safety

Workforce instability, skills gaps, and rapid onboarding are the primary safety risks impacting worker safety and business continuity, according to a new report from the American Society of Safety Professionals (ASSP).

The report emphasizes evolving workplace safety from a compliance task to a strategic, integrated business system focused on proactive risk management and organizational culture. It highlights five key themes that emerged during a corporate listening tour of Environmental Health and Safety professionals: workforce stability, digital evolution, strategic integration, mental health, and governance.

The report is the product of ASSP’s annual Corporate Listening Tour, where it gathers feedback from safety professionals to identify trends impacting the safety profession.

According to the report, chronic skills gaps lead to less experienced workers in high-risk environments. High turnover results in a wait of 12-18 months for new employees to reach safety proficiency. Relying on temporary and less experienced workers exacerbates the problem.

EHS professionals also said AI and automation enhance hazard prediction and standardization but must support, not replace, human decision-making. Trust-based adoption and human-in-the-loop systems are critical for success.

The report says worker well-being, including mental health, should be a core component of safety infrastructure. Worker stress, fatigue and burnout should be treated as safety risks. Workers should be encouraged to report hazards, participate in certifications, and demonstrate leadership. Building a culture of trust and shared responsibility enhances safety outcomes.

The report is available here.

Report Offers Insight on Flourishing and Languishing Workers in U.S.

More than half of U.S. employees say they are languishing at work, while fewer than half are flourishing, according to a new study.

The report, called the 2026 Workplace Wellbeing Report: Confirming the Crisis and Identifying What Helps, was conducted by the Center for Professional Responsibility in Business and Society at the University of Illinois’ Gies College of Business.

The study is based on a survey of 2,000 U.S. workers that shows 61% of workers are languishing, or struggling with engagement, motivation or fulfillment in their roles, compared to 39% who are flourishing.

According to the survey, languishing workers reported higher burnout and distress, with 38% of languishing employees saying they feel burned out “very frequently,” as opposed to 29% of flourishers. Some 34% of languishers indicated that they intend to look for new work in the next 12 months.

The report found that workplaces where employees tend to thrive have a day-to-day environment characterized by autonomy (having real say in decisions and how things get done) and support (feeling backed up by co-workers, supervisors and the organization itself).

The difference is stark when comparing environments where workers have high autonomy and high support to environments where workers are neglected. Some 68% of workers in high-autonomy environments thrive, compared to just 10% in neglected environments (with low autonomy and low support).

The research examines how flourishing employees act differently from languishing workers in times of stress. It found the following:

Flourishers are more likely to look for a silver lining in difficult situations (55% vs. 38% of languishers) and seek a change in perspective. They tend to interact with others when work is stressful (68% vs. 50%) and are more likely to take breaks for rest and restoration, such as going outside to reset (43% vs. 34%) or using physical activity to manage stress (40% vs. 29%).

The report is available here.

Survey Shows Increase in Mental Health Leaves

A new survey of HR professionals finds the number of workers taking mental health leaves of absence increasing as employees become more stressed.

Spring Health recently surveyed more than 500 HR professionals globally and documented a workforce under “significant strain.” According to the survey, 61% of respondents say mental health leaves increased within their organizations over the past year. Some 16% say they’ve seen mental health leaves increase by 25% or more and 40% say rising mental health disability and leave claims is a top concern that keeps them up at night. Survey respondents say 30% of workers are currently experiencing “silent burnout,” maintaining the appearance that everything is fine while running on empty.

Spring Health simultaneously surveyed more than 1,500 full-time employees across five countries and found that 59% of workers say their financial stress has increased over the past five years. Nearly three out of four (74%) said this stress significantly impacted their mental health.

Spring Health found that most mid-to-large companies offer an Employee Assistance Program (EAP), however, utilization is only about 4%, on average. Workers cited lack of time, cost and confusion about how to access care as reasons they don’t seek care until they reach a crisis point.

The survey is available for download here.

ICE Reclassifies Some Technical Violations to Substantive

U.S. Immigration and Customs Enforcement (ICE) has reclassified several common employer errors from “technical” violations to “substantive” violations and eliminated the 10-day grace period employers previously had to correct the errors before facing a fine.

Substantive violations carry immediate fines of $288 to $2,861 per form. The changes are included in an updated Form I-9 Inspection fact sheet issued by ICE on March 16.

According to an analysis of the updated Form I-9 by employment law firm Littler, errors that were once considered technical but are now considered substantive and subject to immediate fines include:

  • The employee did not enter their date of birth in Section 1.
  • The employee did not enter their USCIS number in Section 1.
  • The employee signed the form but did not date their signature.
  • A Spanish-language Form I-9 was used outside of Puerto Rico.
  • The employer representative’s name and title were not completed.
  • Document information from List A, B or C was missing or entered incorrectly (for example, document title, document number, issuing authority or expiration date), even if a copy of the document was kept.
  • The employee’s first day of employment was not entered.
  • The preparer/translator section was incomplete (missing full name, address, signature and/or date) at the time the form was completed.

The updated Form I-9 Inspection is available here.

Texas News

NBC DFW
Fort Worth First Responders Advocate for Better Workers’ Comp Process After Denials
The City of Fort Worth is looking at helping first responders with their workers’ compensation claims. It comes as many of them have reported jumping through hoops to get major claims approved after being hurt on the job. Click here for full article.

KUT News
Judge Rules Austin Firefighter Battling Cancer Can Get Workers’ Compensation
An administrative judge ruled an Austin firefighter battling terminal cancer is eligible to receive workers’ compensation. Click here for full article.

State News

Business Insurance
Delaware Court Affirms Dismissal of Retaliation Claim Over Mental Injury
A former nonprofit executive failed to show he exercised his rights under the state’s workers compensation law before being fired, the Delaware Supreme Court ruled Wednesday in affirming dismissal of his retaliation claim. Click here for full article.

Business Insurance
Perspectives: Understanding Georgia’s Willful Misconduct Defense in Workers Compensation Claims
It is particularly important for employers and employees to understand the “willful misconduct defense” in Georgia workers’ compensation claims because, in 2024, more than 1.4 million work-related injury or illness cases nationwide were reported to the Occupational Safety and Health Administration. Click here for full article.

The Minnesota Star Tribune
Injury from ‘Return-to-office’ Mandate Qualifies for Workers’ Comp, State Supreme Court Rules
As work from home and work in the office continue to bleed into each other, legal questions are being raised over when, exactly, you’re working for your employer. Click here for full article.

New York Focus
Inside The Long Retreat of Workers’ Compensation in New York
Brook D’Angelo was driving to a distressed property in Niagara Falls, where she worked as a neighborhood inspector, when her city-owned car slammed downward into a deep sinkhole in an unpaved alley. Click here for full article.

Website
Web-based Calculator Helps Companies Gauge Workers Comp Costs
The PA Workers Comp Calculator analyzes compensation costs and premium drivers for employers across Pennsylvania to help with budgeting. Click here for full article.

Law360
Philly Injury Atty Accused Of Botching Workers’ Comp Case
A former machine setter in Berks County, Pennsylvania, says an attorney who formerly practiced at Spivack & Spivack LLC botched his workers’ compensation settlement paperwork, leading to a significant reduction in his monthly Social Security disability payments. Click here for full article.

Business Insurance
Employers Face ‘Patchwork’ of Heat Regulations for Workers
Virginia is the latest state to move toward formal workplace heat-illness prevention requirements, adding to a mosaic of state-level standards that employers must navigate amid the absence of a finalized federal rule. Click here for full article.

General News

Website
Is Workers’ Comp Ready for AI in the Workplace?
As labor shortages and skills gaps intensify across industries, businesses are increasingly turning to artificial intelligence not just to boost productivity, but to fill critical workforce gaps. Click here for full article.

Business Insurance
Severe Injuries Reshape Workers Comp Claims
When a workplace injury results in paralysis or other life-altering conditions, the related workers compensation claim often extends far beyond medical care and indemnity, increasingly encompassing the cost and complexity of modifying, or even rebuilding, the injured worker’s home. Click here for full article.

Business Insurance
Care Access Problems Strain Comp Sector, Slowing Worker Recovery, Increasing Costs
As provider shortages across health care persist, delays in treatment are becoming one of the most consistent pressure points in the workers compensation industry. Click here for full article.

Business Insurance
Perspectives: When Good Claims Go Bad—The Mental Factors We Can No Longer Ignore
Most of us in workers compensation can recall a case that seemed straightforward on day one but grew unexpectedly complicated by week six, with escalating pain reports despite normal imaging, stalled therapy, mounting frustration and, too often, an adversarial turn. Click here for full article.

Business Insurance
Comp Medical Prices Seen Rising After Early 2026 Moderation: NCCI
Workers compensation medical price increases remained moderate in the first quarter but are expected to accelerate later this year, according to a quarterly report released Wednesday by National Council on Compensation Insurance. Click here for full article.

USPS News
The Bill Came Due in this Workers’ Comp Fraud Case
A former rural carrier in Florida was sentenced to two years in prison and ordered to pay nearly $650,000 in restitution for falsely claiming workers’ compensation. Click here for full article.