Workers’ Comp: The Industry’s $5.5 Billion Anchor

Workers’ Comp Drives Record 2025 Industry Gains

  • The U.S. property/casualty industry achieved a $61 billion underwriting gain in 2025, largely driven by workers’ compensation contributing $5.5 billion to favorable reserve development. 
  • While other liability lines face rising costs, workers’ comp maintains significant reserve adequacy. 
  • Analysts expect this strong performance to stabilize the sector throughout 2026. 
  • This trend highlights the line’s continued financial strength over previous years.

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Court Backs Termination of Injured Worker for Pre-Injury Misconduct

  • A California appellate court ruled AccentCare lawfully terminated an employee based on misconduct discovered before her workplace injury. 
  • Although the worker claimed retaliation, evidence showed the termination stemmed from prior performance issues. 
  • The court clarified that workers’ compensation laws do not shield employees from legitimate disciplinary actions initiated before an injury occurs. 
  • Employers must maintain clear documentation to justify such terminations against retaliation claims.

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Subrogation Lien Rights: Pay Close Attention to State Specifics

  • Subrogation Lien Rights: A Complex Landscape for Workers’ Comp
  • Subrogation remains a vital component of workers’ compensation by allowing insurers to recover claim costs from responsible third parties. 
  • However, statutory lien rights vary significantly across state lines, creating complex legal hurdles for recovery efforts. 
  • Failure to strictly follow specific jurisdictional rules can result in the total loss of reimbursement opportunities. 
  • Diligent monitoring of these diverse legal requirements is essential for protecting an insurer’s financial interests. 

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