Texas Launches Major Workers’ Comp Funding Overhaul with New Surcharge Model

Texas Shifts to New Workers’ Comp Surcharge System

  • Texas implemented a major overhaul of its workers’ compensation funding system on January 1, 2026, replacing the long‑standing maintenance tax with a new surcharge model. 
  • The change significantly increases the maximum assessment rate, giving regulators more stable revenue to oversee claims handling, fraud enforcement, and insurer compliance. 
  • State officials say the update modernizes a funding structure that had become too limited for current system demands. 
  • The new framework is expected to strengthen oversight across Texas’ workers’ comp landscape.

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Maryland Court Rejects Punitive Damages in Workers’ Comp Payroll Underreporting Dispute

  • On January 6, 2026, the Appellate Court of Maryland ruled that Chesapeake Employers’ Insurance Company is not entitled to punitive damages despite allegations of significant workers’ comp payroll underreporting. 
  • Although an audit revealed discrepancies in reported wages, the court determined the carrier failed to provide clear evidence of “actual malice.” 
  • This decision clarifies the high legal threshold for insurers seeking fraud penalties. 
  • The court ultimately affirmed the lower court’s ruling.