March 2025 leave law summary – Canada
Legislative changes in Alberta.

March 2025 workers’ comp law summary – U.S.
Legislative changes for private employers and public entities in Idaho, Kentucky, Maine, New Mexico, Tennessee, Utah and Virginia, plus legislation to watch in Colorado.
 

The 2023 reform represented a major win for insurers, businesses and consumers by tightening rules around damages, attorney fees and medical billing. Now, several new bills could reverse these changes and increase litigation exposure for companies operating in the state.

Four bills are currently under discussion in the Florida House and Senate:

• HB 1551 / SB 426 – Attorney fees in insurance matters
  Would reintroduce attorney fee awards in certain insurance disputes, making it more financially attractive for plaintiffs to sue. It also revives the “offer of judgment” framework that increases risk for insurers.
• HB 451 / SB 554 – Insurance practices
  Proposes higher post-judgment interest rates, new financial reporting rules and changes to how companies define and protect trade secrets.
• HB 947 / SB 1520 – Medical damages in personal injury cases
  Would allow plaintiffs to present evidence of past and future medical expenses which are not limited to actual amounts paid.  Also removes Medicare reimbursement rate limit.
• HB 1437 / SB 1840 – Attorney fees in PIP cases
  Allows medical providers to recover attorney fees in personal injury protection (PIP) claims.

All four bills have progressed through various committees in the House; while they are expected to pass there, their future in the Senate remains uncertain. Gov. Ron DeSantis was a supporter of the 2023 reform and is not expected to support these rollbacks.

If passed, these bills could:

• Increase the number of lawsuits and overall litigation costs
• Reinstate plaintiffs’ ability to recover attorney fees, which would heighten settlement pressure
• Allow inflated medical damage claims back into personal injury and wrongful death cases
• Increase the financial burden for insurers and businesses facing judgments

If your organization operates in or handles claims in Florida, it’s important to monitor these developments.

Sedgwick is tracking this legislation closely and will continue to provide updates as the situation evolves.

February 2025 leave law summary – U.S.
Legislative changes in Michigan and Virginia.

February 2025 leave law summary – Canada
Legislative changes in Nova Scotia.

February 2025 workers’ comp law summary – U.S.
Legislative changes for private employers and public entities in Nevada, New York and South Dakota and legislation to watch in Illinois, Massachusetts and Pennsylvania.
 

If passed, the law will be effective Jan. 1, 2026, and will have a major impact on employers and administrators. It will expand the duty of “Good Faith and Fair Dealing” to all self-insured and third-party administrators and impose enhanced penalties and a three-strike rule that could decertify employers from self-insurance.

Sedgwick continues to work with the Washington Self-Insurers Association (WSIA) to oppose this legislation, You can find contact information for members of the Senate here and details of WSIA’s opposition here, including some sample messaging and an email that was sent to the Senate before the bill moved to the House.

Potential impacts of Senate Bill 5463

Penalties
If good faith and fair dealing has been violated, penalties will include:

• One to 52 times the average weekly wage, depending on the severity of the violation
• $3,000 or 75% of the amount due for unreasonable delay or refusal to pay benefits
• $3,000 for failure to comply with a rule or other provision pertaining to workers’ compensation

Decertification
The Department of Labor and Industries will withdraw an employer’s self-insured certification if they violate the duty of good faith and fair dealing three times within a three-year period, excluding minor or inadvertent errors or delays.

Sedgwick regularly monitors and reports on disability, leave and workers’ compensation legislation impacting our customers. Click here to see all recent legislative updates.

Because the bill was amended, it now must return to the Senate where they will consider whether to approve the following changes that were made to the originally proposed legislation sent to the House:

• Section 1 (anchoring) — Language was added to preserve counsel’s right to ask prospective jurors whether they could return a verdict that does not award damages or a verdict in excess of some unspecified amount, provided it is supported by the evidence.  These arguments must be tied to a rational basis, which would presumably be determined by a judge as to what is considered rational.
• Section 5 (seat belt defenses) — A judge would determine whether evidence of seat belt usage is admissible, particularly if it may create unfair prejudice, confusion of issues or mislead the jury. It is expected that plaintiff attorneys will consistently object to the introduction of this evidence, leaving it up to the judge on whether to allow it.
• Section 6 (premise liability/negligent security) — The level of proof was changed from “clear and convincing evidence of foreseeability” to “reasonably should have known.”  The bill still contains relatively strong reforms including guidance on jury apportionment of fault.
• Section 8 (bifurcation of liability and damages) — Protections were added allowing the court to reject requests to bifurcate trials if sexual assault victims would have to testify more than once or if the amount in controversy is less than $150,000. 
• Section 9 — This allows causes of action under Sections 6 (premise liability) and 7 (phantom medicals) to apply only for those that arise on or after the effective date of the bill. Conversely, all other sections will apply immediately once the bill becomes law and will be applied to all open cases.

There were no significant changes to Sections 2, 3, 4 and 7.

The other important piece of tort reform legislation, Senate Bill 69, remains in the House committee though there has been bi-partisan support for it with its passage in the Senate by a vote of 52 in favor and 0 against.    

It is critical for employers to stay informed about this tort reform effort. If your business has operations or exposure in Georgia, ensure you are engaged in this important legislative reform.   

Sedgwick regularly monitors and reports on disability, leave and workers’ compensation legislation impacting our customers. Click here to see all recent legislative updates.

On Feb. 27, the Georgia Senate advanced Senate Bill 69 with a unanimous vote of 52-0. This bill, called the Georgia Courts Access and Consumer Protection Act, seeks to regulate third-party litigation funding in the state.

On Feb. 28, the Georgia Senate advanced Senate Bill 68 after making changes in section 51-12-1.1. Originally, this section only considered the medical and healthcare expenses actually paid. The changes now allow the jury to hear both the billed amounts and the actual amounts paid, enabling them to decide which is the more reasonable amount of damages. These changes were necessary for the bill’s approval by a vote of 33-21, after two previous failed votes of 21-33.

Both bills are now moving to the Georgia House of Representatives, where reform-minded legislators hold a 100-80 majority.

Sedgwick regularly monitors and reports on disability, leave and workers’ compensation legislation impacting our customers. Click here to see all recent legislative updates.

January 2024 leave law summary – U.S.
Federal legislation plus changes in Delaware, Michigan and Washington.
   

January 2024 workers’ comp law summary – U.S.
Legislative changes for private employers and public entities in Massachusetts and legislation to watch in Maine and New York.
 
 
 

The bill is currently in the Senate Rules Committee. It must be moved out and voted on by the Senate before March 12, 2025, after which it will be referred to the House.

Background

Washington legislators passed SHB 1521, which took effect on July 1, 2024. Originally intended for all self-insured employers, the bill was amended to apply only to self-insured municipal employers, self-insured private sector firefighter employers and their third-party administrators. Passage of Senate Bill 5463 would make the rules applicable to all self-insured employers and third-party administrators.

Potential impacts of Senate Bill 5463

Penalties
If good faith and fair dealing has been violated, penalties will include:

• One to 52 times the average weekly wage, depending on the severity of the violation
• $3,000 or 75% of the amount due for unreasonable delay or refusal to pay benefits
• $3,000 for failure to comply with a rule or other provision pertaining to workers’ compensation

Decertification
The Department of Labor and Industries will withdraw an employer’s self-insured certification if they violate the duty of good faith and fair dealing three times within a three-year period, excluding minor or inadvertent errors or delays.

What claims will be impacted?

This bill applies to all workers’ compensation claims regardless of the date of injury. If passed, the act will become effective Jan. 1, 2026.

Sedgwick regularly monitors and reports on disability, leave and workers’ compensation legislation impacting our customers. Click here to see all recent legislative updates.

Details of two newly released Senate bills reveal proposed changes that could substantially impact financial liability, litigation strategies and overall business operations. 

It is critical for employers to stay informed about this tort reform effort. If your business has operations or exposure in Georgia, ensure you are engaged in this important legislative reform.   

The tort reform introduced by Gov. Kemp and sponsored by Georgia Sen. John F. Kennedy includes 10 important changes across the two bills. As introduced, these bills could have a substantial impact on litigation. The prevention of anchoring as a tactic, the changes to negligent security liability standards and the introduction of seat belt evidence are particularly important. However, all the proposed changes would be beneficial. 

Proposed amendments to Senate Bill 68:

• Civil practice (Title 9)
  • Anchoring: Limit the ability to make reference to or elicit testimony regarding a specific amount or range of non-economic damages to the jury or prospective jury.
  • Filing answers and timing of discovery: Changes the timing of filing answers and respondent pleadings.
  • Voluntary dismissal of civil actions: If a case was previously dismissed in a federal or state court action based on or including the same claim, the court can deem the dismissal as an adjudication upon the merits, meaning the same claim cannot be brought back to the court.
  • Attorney’s fees and court costs: Prevents recovery of duplicate attorney’s fees, court costs and expenses.

• Contracts (Title 13)
  • Recovery of expenses in breach of contract claims: Expenses cannot be claimed as part of damages in a breach of contract case unless the defendant acted in bad faith, has been stubbornly litigious or caused unnecessary trouble and expense.

• Motor vehicles (Title 40)
  • Seat belt evidence: Can be introduced and considered in civil actions for determining negligence and apportioning fault.

• Torts (Title 51)
  • Negligent security liability criteria: Limits liability to conditions under the control of the property owner or business.
  • Boardable medicals: Limited to those that are reasonable, customary and necessary versus what was billed.
  • Bifurcation of liability and damages trial: At the request of either party.

Proposed amendments to Senate Bill 69 — Georgia Courts Access and Consumer Protections Act:

• Regulation of third-party litigation financiers (TPLF)
  • Prohibits foreign persons, foreign principals or sovereign wealth funds.
  • Limits what a TPLF can recover.
  • Prohibits influencing legal strategy or settlement decisions
  • Requires registration of financier and transparency.

Sedgwick regularly monitors and reports on disability, leave and workers’ compensation legislation impacting our customers. Click here to see all recent legislative updates.

December 2024 leave law summary – U.S.
Legislative changes in Colorado, Maine, Ohio, Oregon and Pennsylvania.

December 2024 leave law summary – Canada
Legislative changes in Newfoundland and Labrador, Ontario and Saskatchewan.

December 2024 workers’ comp law summary – U.S.
Legislative changes for private employers and public entities in California, New Mexico and New York, and legislation to watch in Maine, New York and Virginia.
 
 
 

November 2024 leave law summary – U.S.
Legislative changes in Alaska, California, Missouri and Nebraska.

November 2024 leave law summary – Canada
Legislative changes in Manitoba, Newfoundland and Labrador, Prince Edward Island and Ontario.

November 2024 workers’ comp law summary – U.S.
Legislative changes for private employers and public entities in New York and legislation to watch in South Carolina.
 
 

October 2024 leave law summary – U.S.
Legislative changes in Delaware, District of Columbia, Illinois and Washington.

October 2024 leave law summary – Canada
Legislative changes in Manitoba and Prince Edward Island.

October 2024 workers’ comp law summary – U.S.
Legislative changes for private employers and public entities in Pennsylvania and legislation to watch in Michigan.