The National Council on Compensation Insurance (NCCI) published their 2026 Legislative and Regulatory Trends Report, which highlights some of the legislative activity shaping workers’ comp this year.

The NCCI has monitored 1,102 state and federal bills, 210 of which proposed workers’ comp-related regulations. Approximately 167 bills were enacted and 90 regulations were adopted.

Of note, the NCCI saw a noticeable increase in worker classification-related bills, primarily driven by numerous portable benefits for independent-contractor legislation across states. Louisiana, Oklahoma, and Virginia enacted laws related to worker classification, while Alaska, California, Colorado, and New Jersey considered legislation that would classify certain workers as independent contractors under certain circumstances.

As for portable benefits, Idaho, Kentucky, Louisiana, Mississippi, New Jersey, North Carolina, Rhode Island, and West Virginia have considered bills for portable benefit plans that specifically referenced workers’ comp. Connecticut, Florida, Georgia, Kansas, New Hampshire, and Wyoming considered similar bills that didn’t specifically reference workers’ comp. Other states considered pilot programs or study bills.

Mental injury-related legislation continued to be a trending topic, with a majority of mental injury bills related to first responders. Most of the mental injury-related legislation in 2026 centered on who can qualify for the coverage, what conditions qualify for coverage, and which medical professionals are authorized to diagnose qualifying conditions. Additionally, many states considered bills to add practitioners who are authorized to diagnose certain mental disorders.

States also continued to consider marijuana legalization and whether workers’ comp should reimburse marijuana. Georgia, Kansas, and Wisconsin considered legalizing medical marijuana, with the Georgia bill passing. Florida, Hawaii, Iowa, Louisiana, and New Hampshire considered recreational legalization, but none of the bills passed. However, Idaho, Iowa, and New Hampshire are considering recreational marijuana via state constitutional amendments in the November 2026 election.

At the federal level, various bills are in motion. One bill hopes to create a Committee for the prompt and plausible pathway to federal cannabis regulation., while others would make it easier for insurers and businesses to work with marijuana.

Additional topics highlighted by the NCCI include:

• Psychedelics and hallucinogens
• Workers’ comp alternatives
• Workplace safety
• AI
• Zero-estimated exposure policies
• Single-payer insurance