Register Now for TAN’s Texas Nonsubscriber Forum

Register Now for TAN's Texas Nonsubscriber Forum

The Texas Alliance of Nonsubscribers will host its annual Texas Nonsubscriber Forum on Tuesday, Nov. 10, 2026, from 9:00 a.m. to 4:00 p.m. CDT at the downtown Dallas Public Library.

This year’s forum will bring together nonsubscriber employers, attorneys and industry experts for practical discussions on the issues, trends and strategies shaping occupational injury programs.

Topics planned for this year’s program include:

  • Technology and AI in action, including practical applications for claims management, workplace safety and nonsubscriber programs.
  • Medical management best practices focused on delivering better care and improving outcomes for injured employees.
  • OSHA developments, compliance issues and common employer pitfalls.
  • Legal and court updates, including recent cases, rulings and emerging trends affecting Texas nonsubscribers.
  • Building a defensible file, with a look at the documentation and evidence that can make a difference when a claim becomes a dispute.
  • The 2026 election results and 2027 Texas Legislature, including a preview of issues that could affect nonsubscriber employers.
  • The economic outlook and the trends, challenges and opportunities businesses should be watching in the year ahead.

In addition to the program, the forum provides an opportunity to exchange ideas and connect with other nonsubscriber employers, attorneys and industry professionals from across Texas. Lunch will be provided.

Attendance is free for TAN members and guests invited by the organization. Register today by clicking here.

Texas Supreme Court Advisory Committee Considers Recommendations on Third-Party Litigation Funding

Texas could be moving closer to requiring disclosure of outside litigation financing, despite a committee recommendation against the move last summer.

The Texas Supreme Court Advisory Committee discussed the issue Sept. 10. According to Bloomberg Law, one draft option discussed would keep funders’ identities private pending a judge’s in-camera review of their involvement. Another would require a finding of good cause before a party disclosed its financial backers.

The committee’s preliminary discussion follows moves by other states to require disclosure when outside parties finance litigation in which they are otherwise uninvolved, often in exchange for a share of any monetary award.

North Carolina recently banned third-party litigation financing and Ohio recently enacted a law requiring commercial and consumer litigation funders to register with the state and disclose funding agreements to the attorney general after cases are resolved. The law also bars funders from controlling how lawsuits are litigated or settled.

The Texas Supreme Court Advisory Committee discussion came two years after the Texas Supreme Court sought guidance on regulating litigation finance and one year after its advisory committee recommended against changes in August 2025. The justices then asked the committee to reconsider the issue and submit a proposal for review.

The advisory committee, composed of judges and lawyers, also debated which funders should be subject to disclosure requirements.

Some members sought to exempt nonprofit organizations that support a plaintiff’s cause without expecting to profit from a judgment. Another possible exemption would cover a parent financing a child’s litigation.

The committee could vote on the issue at its next meeting in December.

Meanwhile, the U.S. District Court for the Western District of Louisiana recently ordered litigants to disclose details of third-party litigation financing, joining a small but growing number of federal courts imposing similar transparency rules.

The order requires parties to disclose the names and addresses of all litigation funders backing their cases. It does not require full disclosure of funding agreements. Parties must instead briefly describe each agreement and state whether a funder can approve or influence litigation decisions, including settlements.

Study Reports Top 10 Leading Causes of Serious Workplace Injuries

Workplace injuries cost U.S. businesses more than $1 billion a week and more than $58 billion a year, according to the latest Workplace Safety Index from Liberty Mutual. The 10 leading causes account for $49.9 billion, or 84.9% of the total.

Liberty Mutual’s Workplace Safety Index ranks the 10 leading causes of serious workplace injuries by direct medical and lost-wage costs. Serious injuries are defined as those that keep an employee out of work for more than five days. Because the index uses data from three years earlier to improve accuracy, the latest edition reflects 2023 data.

The four leading causes were unchanged from last year, but the 2026 index recorded three notable shifts. Slips or trips without a fall climbed from their previous No. 7 spot to No. 5. Injuries in which workers were caught in or compressed by equipment or objects dropped off the list for the first time in the index’s history. Intentional injury by another person returned at No. 9, its first appearance since ranking in the top 10 from 2003 through 2012.

According to the index, back injuries carry the highest total cost, consistent with research showing that back pain causes more years lived with disability worldwide than any other condition. The finding also mirrors overexertion’s ranking as the leading source of workers’ compensation costs. Shoulder injuries ranked second, ahead of injuries to multiple body parts, for the second straight year. Knee and wrist injuries rounded out the top five. The only change from last year involved hand injuries, which fell two places from seventh to ninth, largely because fewer were reported.

The report is available here.

State-by-State Workers' Comp Cost Analysis Released

Texas has the 11th lowest workers’ compensation cost for employers in the 50 states and District of Columbia. Employers pay on average 78 cents per $100 in payroll, according to a semiannual survey from Oregon’s Department of Consumer and Business Services.

Hawaii employers pay the highest, at $2.52 per $100 payroll, while North Dakota’s rate of 50 cents per $100 payroll is lowest. The national median is $1.09 per $100.

A recent post from the Business Model Analysis shows workers’ compensation insurance costs have declined structurally for three decades as underlying risk has fallen. From 2022 to 2024, payroll-weighted industry rates dropped in 49 of 51 jurisdictions, with a median decrease of 14.3%. Hawaii and Washington were the only jurisdictions to report increases.

Lost-time claim frequency has fallen about 40% since 2015, according to NCCI’s 2026 State of the Line report, including a 2% decline in 2025. Private carriers recorded a 91% calendar-year combined ratio in 2025, marking a 12th consecutive underwriting gain. Workers’ compensation was the only major property and casualty line in which premium declined, slipping 0.2% to $41.6 billion.

Claim severity moved in the opposite direction, with both medical and indemnity severity rising 4% in 2025. Construction posted the largest frequency decline of any industry from 2023 to 2024, falling 7%, even as severity jumped 13%. In short, claims became less frequent but more costly. The accident-year combined ratio stood at 102%, compared with 91% on a calendar-year basis, a gap attributable to prior-year reserve releases. NCCI estimates remaining industry redundancy at $14 billion, down from $16 billion.

Calendar-year results have benefited from the release of reserves established during costlier years, but that cushion is narrowing. Once it is exhausted, the reported combined ratio will move closer to the accident-year figure, making further rate reductions harder to justify.

More information is available here.

OSHA Announces Extension of Warehouse Safety Inspections Program

The U.S. Occupational Safety and Health Administration (OSHA) has renewed its National Emphasis Program for warehouses and distribution centers, extending the initiative for five years as it seeks to curb injuries in one of the nation’s fastest-growing industries.

The renewed directive calls for comprehensive safety inspections at covered facilities. Compliance officers will examine hazards tied to powered industrial trucks, material handling and storage, walking and working surfaces, emergency exits, fire protection, heat exposure, and ergonomic risks.

It also clarifies OSHA’s authority to broaden inspections when fatalities, catastrophes, complaints or referrals involve establishments covered by the initiative. OSHA says the changes are intended to bring continuity and consistency to enforcement.

OSHA launched the warehouse initiative in 2023 amid rapid growth and high injury rates in warehousing, distribution, mail and parcel processing, and retail establishments. OSHA noted Bureau of Labor Statistics data showed that injury and illness rates in some warehouse sectors exceeded the private-industry average.

According to OSHA, inspections will remain comprehensive at warehouses and distribution centers. At certain retail establishments with high injury rates, reviews will generally be limited to storage and loading areas unless conditions justify a broader inspection. Heat and ergonomic hazards will be assessed during every inspection conducted under the program.

The new directive is available here.

NCCI: Higher Wage Earners Have Higher Medical Utilization in Lost Time Claims

Medical use in lost-time claims rises with injured workers’ wages, a pattern seen across age groups, jurisdictions and industries, according to a research brief from the National Council on Compensation Insurance.

Because the trend appears in service use rather than pricing, NCCI says the differences are largely tied to the intensity of care. NCCI found that higher-paid workers are less likely to report less serious claims and therefore account for a smaller share of lower-cost cases. But they are about twice as likely as lower-wage workers to undergo major surgery, raising costs for professional and facility services, prescription drugs, and medical equipment.

According to NCCI, higher-wage workers earning more than 150% of a state’s average weekly wage, or SAWW, average about 1.6 times the medical utilization of lower-wage workers earning less than 50% of the SAWW. Their medical severity is also about 1.5 times higher.

NCCI listed several reasons why higher-wage workers are less likely to file a less serious claim compared to lower-wage workers, including:

  • Workers may fear losing their jobs if employers learn of an injury and the time needed for rehabilitation.
  • They may also worry that indemnity benefits will not cover living expenses.
  • Small-business owners and key employees may delay reporting an injury to protect the business and their co-workers’ financial security, allowing the condition to worsen.
  • More experienced, higher-wage workers may become complacent about workplace safety rules.

The research brief is available here.

CMS Fee Schedule Updates Announced

The Centers for Medicare and Medicaid Services’ (CMS) 2026 fee schedule updates include a 3.3% increase in the physician conversion factor and a 2.6% rise in facility payments but are unlikely to significantly increase overall workers’ compensation medical costs, according to the National Council on Compensation Insurance (NCCI).

The increased physician conversion factor followed five consecutive years of declines. Physician services account for about 40% of workers’ compensation medical spending nationwide, making the reversal notable after years of lower reimbursement rates. NCCI attributed the increase largely to a temporary 2.5% payment boost required by statute.

CMS also rebalanced physician Relative Value Units for 2026, increasing payment rates for evaluation and management services while reducing rates for surgical services. The impact on payers will depend largely on the mix of services involved in their claims.

Facility costs, which account for about 40% of workers’ compensation medical spending nationwide, increased 2.6%, reflecting a 3.3% inflationary increase offset by a 0.7% productivity adjustment. NCCI said the increases were “in line with the changes seen in prior years.”

NCCI said the impact will vary by state based on which services are covered by state fee schedules, how closely those schedules follow CMS rules and rates, and how medical costs are distributed within each state.

NCCI said the 2026 CMS updates are not expected to significantly increase overall workers’ compensation medical costs, despite the higher physician conversion factor and steady facility increases.

Still, the shift in payment rates between evaluation and management and surgical services, along with the one-year statutory increase in the physician conversion factor, warrants monitoring.

The NCCI report is available here.

Survey Reveals 2026 Workforce Trends

Lean staffing, high turnover, and pressure to adopt new technologies are among the top challenges cited by U.S. employers in a new survey.

Gallagher’s 2026 U.S. Workforce Trends Report: Talent Benchmarks finds 61% of survey respondents expect revenue to grow by 2027, but only 50% anticipate increasing headcount. Other key findings include:

  • AI use in human resources is poised to grow, with 73% of employers saying they are likely to expand adoption by 2028.
  • More than seven in 10 respondents (71%) have fully deployed AI or introduced it in parts of their businesses, although 29% of employers said concerns about eroding employee trust could hinder adoption.
  • Talent retention is a top human resources priority for 57% of employers and a leading operational priority for 39%.
  • Nearly three-quarters of organizations using AI are measuring return on investment. Employers expect, on average, that returns will exceed implementation costs after 28 months.
  • Cybersecurity is the leading AI-related concern, cited by 72% of employers. Yet only 45% have conducted ethical impact assessments of their AI use.

The report is based on responses from more than 3,700 U.S. employers. Information for downloading the report is available here.

Survey: Employers Anticipate Moderate Pay Increases in 2027

U.S. employers say they expect to give an average 3.5% pay increase in 2027, according to a Marsh’s Mercer QuickPulse survey of 1,001 organizations.

The survey finds employers plan average base salary merit increases of 3.2% and total salary increases of 3.5% in 2027. The total includes merit, promotions, cost-of-living adjustments and other increases, broadly matching actual gains reported from 2024 through 2026.

Most employers had not yet finalized their plans. As of July 2026, 87% said 2027 salary budgets remained preliminary, with data collection underway. Another 8% had submitted proposals to leadership, while 5% had secured approval.

Employers expect the economy to remain a major factor in 2027 compensation decisions, with 57% anticipating at least a moderate impact. Organizations are also weighing talent development, market competitiveness and hiring needs.

The survey finds expected salary budgets vary by industry, with high-tech merit budget increases projected at 3.8%, followed by banking at 3.7%, and energy, insurance/reinsurance and nonfinancial services at 3.6%. Healthcare and retail organizations project 3% increases and the consumer goods sector trailed at 2.9%.

According to the survey, employers expect to promote 8.4% of their workforce in 2027, down from 8.6% in 2026 and 9.9% in 2025.

Additionally, 70% of respondents report some use of AI in compensation, but only 1% say they have reached advanced transformation. The most common uses cited are market-pricing recommendations and benchmarking at 53%, salary-increase recommendations at 50%, and job matching and leveling at 49%.

More information is available here.

State News

Rand
Examining the Impact of Senate Bill 1160 on Utilization Review and Medical Treatment in California Workers’ Compensation
The authors examined the impact of Senate Bill (SB) 1160 on utilization review (UR) processes and medical treatment in California’s workers’ compensation system. Click here for full article.

The State House File
Employment and Labor Study Committee Examines Indiana’s Worker Compensation Benefits
At Thursday’s meeting of the Interim Study Committee on Employment and Labor at the Indiana Statehouse, Sen. Rodney Pol, D-Chesterton, told the story of a man out of work for six months after a forklift accident. Click here for full article.

New York State
Governor Hochul Announces Over $1.7 Billion In Workers’ Compensation Insurance Savings for Employers and Policyholders Statewide
Governor Kathy Hochul today announced that insured employers statewide will see, on average, a 22 percent reduction in workers’ compensation insurance premium rates, an estimated savings of more than $1 billion for businesses or an average of $1,779 per policyholder in New York State. Click here for full article.

JS Supra
Three Recent NY Appellate Cases Remind Us Why Workers’ Compensation Claims Are Rarely Simple
The Appellate Division agreed with the Board Panel finding that a claimant did not qualify for total permanent disability based on his morbid obesity. Click here for full article.

Insurance Journal
4.9% Workers’ Comp Rate Increase Proposed in Washington
The Washington State Department of Labor & Industries is proposing a 4.9% increase in the average hourly rate employers and workers pay for workers’ compensation insurance in 2027. Click here for full article.

General News

WorkersCompensation.com
Cold Rain and Hypothermia: More than a Winter Problem
Welcome to The Science Behind Workplace Injuries: Fall Safety Series, where we explore how seasonal conditions interact with human physiology, behavior, and workplace systems. Click here for full article.

PR Newswire
Rising Medical Solutions Publishes 13th Annual Workers’ Compensation Benchmarking Study Report
Rising Medical Solutions (Rising) today announced the release of its 13th annual Workers’ Compensation Benchmarking Study Report. The newly published report reveals that higher performing workers’ compensation claims organizations are not necessarily distinguished by different priorities, but by how effectively they execute them. Click here for full article.

KevinMD.com
Workers’ Compensation Pain Management Puts Function First
This population, either injured workers under workers’ compensation or personal-injury claimants, faces distinct drivers of delayed recovery, including secondary gain concerns, litigation, workplace psychosocial factors, fear-avoidance beliefs, and system-level incentives that can prolong disability. Click here for full article.

Risk & Insurance
Pressured at Both Ends: Changes in Labor Market Affect Small Business Workers’ Comp
The workers’ compensation insurance market overall in the United States has been on a run of solid underwriting results. Click here for full article.

WFAE
Airport Union Demands Safety and Transparency After Worker Dies in Extreme Heat
Summers are getting hotter in the Charlotte region, and outdoor workers are among the most vulnerable to heat illnesses. The 32BJ SEIU airport workers union held a vigil Thursday morning for a woman who advocates and coworkers say recently succumbed to the heat during her shift. Click here for full article.

Occupational Health & Safety
When the Workforce Ages: Preventing Falls, Strains and Severe Injuries
Workers aged 55+ now represent a rapidly expanding share of the workforce, with their participation having doubled over the past two decades. Click here for full article.