Article ID: 26930ee2b228933368d7ae807fe189896e63cc717105246a484c4331e364cb73
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URL: https://www.businessinsurance.com/portable-benefits-gain-ground-in-workers-comp-legislation-ncci/
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Portable benefits gain ground in workers comp legislation: NCCI - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Portable benefits gain ground in workers comp legislation: NCCI by Louise Esola Workers Comp Coverage Sep 16, 2026 State lawmakers increasingly considered portable benefits for independent contractors in 2026, while continuing to debate mental injury coverage and workplace safety protections, according to a National Council on Compensation Insurance report released Tuesday. NCCI’s 2026 Legislative and Regulatory Trends Report identified a noticeable increase in worker-classification legislation, driven primarily by proposals for benefits that follow workers across jobs or clients rather than being tied to a specific employer. As of July 31, NCCI was monitoring 1,102 state and federal bills and 210 proposed regulations with potential implications for workers compensation. By that date, 167 bills had been enacted and 90 regulations adopted across jurisdictions. Portable-benefits arrangements generally allow hiring businesses to voluntarily contribute to a third-party plan that can help fund benefits such as health insurance, retirement savings or workers compensation coverage. The benefits are attached to the worker rather than a specific employer, allowing workers to retain them when changing jobs or assignments. Many proposals specify that contributions would not be used to determine whether a worker is an employee or independent contractor, according to NCCI. The benefits available vary by arrangement, and not all of the measures include a workers compensation component. Idaho, Louisiana and West Virginia enacted portable-benefits measures that specifically reference workers compensation, according to the report. Georgia, Kansas, New Hampshire and Wyoming enacted similar legislation without a workers comp-specific component. Mental injury legislation remained another focus, with most proposals concerning first responders. Legislative activity centered on which workers and conditions qualify for coverage and which medical professionals may diagnose qualifying conditions. Virginia enacted legislation making qualifying claims for post-traumatic stress disorder, anxiety disorder or depressive disorder compensable for law enforcement officers and firefighters even without an accompanying physical injury. Minnesota added psychiatric mental health nurse practitioners to the professionals authorized to diagnose workers comp-related PTSD. NCCI also highlighted increased legislative attention to temperature-related injuries and workplace violence. Colorado enacted a measure requiring the state Department of Labor and Employment to collect temperature-related injury data and develop a model prevention plan for employers. Other emerging issues included benefits outside traditional workers compensation and oversight of artificial intelligence in insurance. NCCI identified proposals restricting the use of AI as the sole basis for certain claims decisions, alongside measures addressing transparency, utilization review and discrimination. 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