EPLI Claims on the Rise: What Agents Should Know in 2026

Employment Practices Liability Insurance (EPLI) has become a critical line of protection for businesses of all sizes. As workplace dynamics evolve and litigation risks increase, EPLI claims are on the rise — a trend that agents need to understand to properly advise and protect their clients in 2026.

At OIA Insurance Solutions, we specialize in helping retail agents and brokers navigate these challenges, offering access to specialty markets, underwriting expertise, and claims advocacy. In this post, we’ll explore the latest EPLI trends, the drivers behind increasing claims, and practical strategies for agents to support their clients effectively.

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Understanding EPLI and Its Importance

EPLI protects businesses against claims made by employees alleging wrongful acts in the workplace. Common claims include:

• Discrimination based on age, gender, race, religion, or disability

• Harassment or hostile work environment allegations

• Wrongful termination

• Retaliation for whistleblowing or reporting violations

• Breach of employment contracts or failure to follow HR practices

Traditional general liability policies typically exclude these exposures, making EPLI coverage essential. For agents, EPLI is an opportunity to provide clients with peace of mind in an increasingly litigious employment landscape.

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Why EPLI Claims Are Increasing

Several factors are driving the rise in EPLI claims heading into 2026:

1. Shifting Workplace Dynamics – Remote work, hybrid arrangements, and gig roles have changed traditional employment structures, creating new exposures.

2. Heightened Employee Awareness – Employees are more informed about their rights and more willing to pursue claims.

3. Evolving Legal Frameworks – State and federal regulations continue to expand, covering issues like pay equity, workplace safety, and harassment.

4. Litigation Trends – Jury awards are increasing, and public scrutiny makes companies more vulnerable to claims.

For agents, understanding these trends is key to providing clients with relevant, protective coverage.

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Challenges Agents Face in 2026

Advising clients on EPLI requires navigating a complex risk environment:

• Rapidly Changing Regulations – Staying current on local and federal laws is essential.

• Rising Premiums – Claims increases can lead to higher premiums and tighter underwriting guidelines.

• Complex Risk Profiles – Businesses with diverse workforces or multiple locations may require tailored policies.

• Claims Management – Clients need guidance on how to respond effectively to employment claims.

Agents who understand these challenges position themselves as trusted advisors, helping clients avoid gaps and secure the right coverage.

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Practical Strategies for Agents

1. Assess Client Risk Thoroughly

Evaluate workforce structure, HR policies, prior claims, and industry trends. High-risk factors may include frequent employee turnover, diverse teams, or prior litigation.

2. Educate Clients on Preventive Measures

Encourage clients to implement:

• Anti-discrimination and harassment policies

• HR training for managers and employees

• Formal complaint and investigation procedures

• Documented performance evaluations and disciplinary actions

3. Partner with Experienced Carriers

Work with carriers who specialize in EPLI for tailored policies, broader coverage, and competitive terms.

4. Review Policies Annually

EPLI exposures evolve quickly. Regular policy reviews ensure coverage keeps pace with workforce and regulatory changes.

5. Leverage Claims Advocacy

Guide clients on responding promptly to claims. Timely communication with carriers can mitigate losses and protect reputations.

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Emerging EPLI Trends in 2026

• Cyber and Employment Overlap – Remote work can create cyber-related employment exposures. Some carriers offer combined EPLI-cyber solutions.

• Expanded Coverage for Remote Employees – Policies increasingly address multi-state remote workforces.

• Wellness and Diversity Programs – Carriers may provide incentives or risk-management support for clients with DEI or wellness programs.

• Higher Retention Expectations – Deductibles and retentions may rise, requiring proactive client budgeting.

Agents who stay informed on these trends can offer clients proactive, comprehensive protection.

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Why Partnering with OIA Insurance Solutions Matters

Navigating EPLI risk requires market access, underwriting expertise, and claims support. Partnering with OIA Insurance Solutions provides agents with:

• Market Access – Connections to carriers specializing in evolving employment risks.

• Expert Guidance – Assistance with underwriting, submissions, and risk assessment.

• Claims Support – Help managing complex claims and ensuring smooth resolution.

• Time Efficiency – Streamlined processes so agents can focus on client relationships.

With the right partner, agents can turn EPLI exposures into opportunities to provide value and build trust.

EPLI claims are on the rise, and 2026 promises continued growth in employment-related litigation. By understanding risks, educating clients, and leveraging specialty markets, retail agents and brokers can provide strong, tailored protection for businesses of all sizes.

Partner with OIA Insurance Solutions to navigate EPLI risk with confidence — protecting your clients and growing your book of business.