Heat exposure, workplace violence and structural changes to coverage systems are key emerging issues shaping the workers compensation landscape in 2026, according to a report released Tuesday by the National Council on Compensation Insurance.
The report indicates that while familiar policy debates — including mental injury claims, presumption laws, cancer initiatives and worker classification — remain active, regulators and lawmakers are increasingly focused on newer risks that could carry significant cost implications for employers and insurers.
Among those emerging risks, heat-related injury is drawing heightened attention at both the state and federal levels. Between 2011 and 2022, approximately 34,000 heat-related workplace injuries resulted in 479 fatalities, according to U.S. Bureau of Labor data cited in the report. NCCI said claims tied to heat exposure are increasing across all sectors, with the largest impact in outdoor industries such as construction, natural resources and maintenance.
In response, lawmakers are advancing measures requiring employers to implement heat mitigation protocols, including access to water, rest breaks and shade, as well as formal heat illness prevention plans, employee training and emergency response procedures. Some proposals would establish specific heat index thresholds — often around 80 degrees — that trigger employer obligations. At the federal level, the Occupational Safety and Health Administration is considering a rule that would require employers to implement heat injury and illness prevention plans for worksites, although a timeline for adoption has not been announced, the report notes.
Workplace violence is also receiving increased policy attention, particularly in health care and social service settings. Recent legislative proposals include measures requiring employers to adopt workplace violence prevention programs, as well as bills expanding workers compensation eligibility. For example, one New York proposal would provide benefits to employees injured in a sexual offense. Federal lawmakers are also considering legislation directing regulators to establish workplace violence prevention standards for certain industries.
The report further notes that policymakers are revisiting how workers compensation systems are structured, reflecting broader changes in the workforce. Legislative efforts have explored alternative coverage models, including opt-out frameworks and expanded use of captive insurers, as well as proposals clarifying coverage responsibilities in contractor-subcontractor relationships. While many of these measures have not advanced, NCCI said they signal continued pressure to modernize the system.
This article was first published in Business Insurance
