Lawn Care vs. Landscaping Workers’ Comp in Florida: Understanding Class Codes 9102 and 0042
If you own a lawn care or landscaping company in Florida, one seemingly small detail can have a major effect on your workers’ compensation policy: what your employees actually do during the workday.
Two businesses may both describe themselves as “landscapers,” yet their workers may belong in different workers’ compensation classifications due to their daily activities.
Two classifications that frequently create confusion are Class Code 9102 and Class Code 0042.
Understanding the difference can help a Florida lawn or landscaping business avoid classification problems, unexpected audit adjustments, and insurance coverage headaches.
What Is Workers’ Compensation Class Code 9102?
Class Code 9102 generally applies to lawn maintenance operations involving existing lawns and landscapes.
Typical operations may include routine lawn care and maintenance rather than installing new landscaping.
For example, a company primarily maintaining established lawns may have a very different workers’ compensation exposure from a crew installing plants, trees, mulch, landscape features, or entirely new landscaping.
Interestingly, the class description can cause confusion because business owners don’t necessarily describe themselves using the terminology found in workers’ compensation classification manuals.
That’s why the actual work performed matters more than the name on the side of the truck.
What Is Workers’ Compensation Class Code 0042?
Class Code 0042, Landscape Gardening & Drivers, is generally associated with new landscape installation work. Think beyond routine mowing and maintenance.
Operations involving installation of new landscaping, planting and similar landscape-development activities may point toward 0042 rather than a lawn-maintenance classification.
This distinction isn’t merely theoretical. NCCI has identified 0042 as a classification where employers are frequently reclassified to 9102 because their actual work is better described as maintenance of existing landscaping rather than new landscape installation.
Can a Landscaping Company Have Both 0042 and 9102?
Potentially.
A Florida landscaping company may perform different types of operations.
For example, a company might maintain existing lawns for recurring customers while another crew performs new landscape installations.
Whether payroll can be divided among classifications depends on the applicable workers’ compensation classification rules, the operations being performed, and whether the employer maintains the required payroll records.
This is one reason accurate job descriptions and payroll records matter.
If employees regularly cross between different operations, classification can become more complicated. Your insurance agent and workers’ compensation carrier should review the actual duties rather than relying solely on a business name or website description.
What About Tree Trimming?
Tree work deserves special attention.
Ground-level tree or shrub maintenance can present a different classification issue from employees climbing or performing above-ground tree work.
Above-ground tree trimming creates substantially different hazards and may require a tree-trimming classification such as 0106, depending on the operation and applicable classification rules.
A lawn company shouldn’t assume that its workers’ compensation classification automatically covers every tree-related service it decides to offer.
Before adding climbing, elevated tree trimming, or a substantially different operation, contact your insurance agent.
Why Misclassification Matters
Workers’ compensation premiums are closely connected to payroll and employee classifications.
If the business is classified incorrectly, problems can surface during the policy audit.
An audit may examine:
- Payroll
- Employee duties
- Business operations
- Subcontractor exposure
- Certificates of insurance
- Changes in operations during the policy period
If the work performed doesn’t match the classifications used on the policy, the final audited premium may change.
For a growing contractor, discovering a classification problem at the end of the policy year is considerably less pleasant than addressing it before the work begins.
A Common Example
Imagine two Florida companies.
Company A mows lawns, edges properties, performs routine ground-level maintenance and maintains established landscaping.
Company B installs new landscaping, plants trees and shrubs, creates landscape beds and performs landscape installation projects.
Customers may casually call both companies “landscapers.”
From a workers’ compensation perspective, however, their operations aren’t necessarily the same.
That distinction is exactly why business owners should describe their operations carefully when applying for coverage.
Growing Your Lawn Business? Review Your Insurance Before Adding Services
Many businesses evolve gradually.
A lawn company starts mowing residential properties. Then customers ask for mulch. Next comes landscape installation. Eventually the owner buys additional trucks, hires employees, adds tree work, or starts bidding commercial jobs.
Insurance needs can evolve right alongside the business.
A growing landscaping operation may need to review:
- Workers’ compensation
- Commercial auto insurance
- General liability
- Tools and equipment coverage
- Inland marine
- Trailer coverage
- Commercial umbrella insurance
Don’t wait for the annual audit to tell your insurance agent that the business has changed.
Barefoot Insurance Brokers Helps Florida Landscaping Businesses
Barefoot Insurance Brokers works with Florida businesses to research available insurance markets and help business owners understand the coverage appropriate for their operations.
As an independent insurance agency, we can work with multiple insurance companies and brokerage markets rather than relying on a single carrier.
Our agents can help with workers’ compensation, commercial auto, general liability, tools and equipment coverage and other insurance needs for lawn care and landscaping businesses.
Frequently Asked Questions
Is lawn care the same workers’ compensation classification as landscaping?
Not necessarily. Maintenance of existing lawns and new landscape installation can fall under different classifications. The actual work employees perform is important.
What is workers’ compensation code 9102?
Code 9102 is commonly associated with lawn maintenance operations. Classification should always be verified based on the employer’s actual operations and the rules applicable to the policy.
What is workers’ compensation code 0042?
Code 0042 is Landscape Gardening & Drivers and is generally associated with new landscaping installation operations rather than routine maintenance of existing lawns.
Can my company use both 0042 and 9102?
It may be possible when distinct operations are performed and applicable recordkeeping and classification requirements are satisfied. The carrier or workers’ compensation professional should review the operation.
Does tree trimming change my workers’ compensation classification?
It can. Elevated or above-ground tree work presents different hazards from routine ground-level lawn maintenance and may require a different classification.
Should I tell my insurance agent when my landscaping company adds a new service?
Yes. Adding services can change your liability, workers’ compensation, vehicle and equipment exposures. Reviewing the change before beginning the new work can prevent surprises later.
Need Help Insuring a Florida Lawn Care or Landscaping Business?
Barefoot Insurance Brokers can help review your operation and shop available workers’ compensation, commercial auto, general liability and related business insurance markets.
Barefoot Insurance Brokers
Serving businesses throughout Florida from our Margate and Cocoa offices.
Insurance availability, eligibility, classifications and pricing vary by carrier and individual risk. Workers’ compensation classifications should be confirmed based on actual operations and applicable carrier/NCCI rules.
About the Author
Alexandra “Allie” Horblitt is a Licensed Independent Insurance Agent with Barefoot Insurance Brokers., bringing over 14 years of industry experience to her clients. She specializes in marine artisan insurance, workers’ compensation including USL&H, general liability, and commercial auto coverage. Allie is licensed to sell commercial insurance products in Alabama, Florida, Georgia, Colorado, Indiana, Ohio, Texas and Virginia. To connect with Allie for customized coverage solutions, email her at allie@barefootins.com or call/text 786-440-8242