Workers Compensation Insurance

Protect Your Employees and Your Business

Workers compensation insurance covers medical bills and lost wages when employees get injured on the job. Required by law in Alabama, Georgia, and Tennessee for most businesses—especially contractors. Protects you from employee lawsuits and provides guaranteed benefits.

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Quick Answer

Is workers compensation required for contractors?

Yes—contractors MUST have workers comp in Alabama, Georgia, and Tennessee. Alabama: Required with 1+ employees for construction; 5+ for other businesses. Georgia: Required with 3+ employees (any industry). Tennessee: Required with 5+ employees; 1+ for construction. Even sole proprietors often need it to meet general contractor requirements or get certificates of insurance. Penalties: $100-$1,000/day fines, criminal charges, stop-work orders, personal liability for injuries. Workers comp covers employee medical bills, lost wages (2/3 salary), disability, death benefits—and protects you from lawsuits. Contractors typically pay $3-$25 per $100 payroll depending on trade (roofers highest, office staff lowest).

Workers Comp Requirements by State

Alabama
  • Construction: 1+ employees
  • Other businesses: 5+ employees
  • Penalties: $100-$1,000/day fine
  • Criminal: Misdemeanor charges
Georgia
  • All industries: 3+ employees
  • Part-time counts: Yes
  • Penalties: $1,000-$10,000 fine
  • Criminal: Misdemeanor charges
Tennessee
  • Construction: 1+ employees
  • Other businesses: 5+ employees
  • Penalties: $50-$1,000/day fine
  • Criminal: Class C misdemeanor

Contractor-Specific Requirements

Contractors Who MUST Have Coverage
  • ✓ General contractors with employees
  • ✓ Subcontractors (even with 1 employee)
  • ✓ Electricians, plumbers, HVAC contractors
  • ✓ Roofers, framers, concrete workers
  • ✓ Landscaping and tree service companies
  • ✓ Painters, drywall, flooring installers
Why Sole Proprietors Need It Too
  • • General contractors require it for COI
  • • Cannot bid on commercial projects without it
  • • Banks require it for construction loans
  • • Protects you if you get injured on the job
  • • Covers you while working on client property
  • • Required by many municipalities for permits

Reality: Even if legally exempt, most contractors need workers comp to work.

Penalties for Non-Compliance

  • $100-$1,000 per day fine for operating without required coverage
  • Criminal misdemeanor charges (up to 1 year in jail)
  • Personal liability for all employee medical bills and lost wages
  • Stop-work orders shutting down your business until compliant
  • Cannot bid on contracts or work with general contractors

What Workers Comp Covers

Medical Expenses

Doctor visits, hospital stays, surgery, prescriptions, physical therapy—100% covered with no deductible

Lost Wages

2/3 of employee's average weekly wage while unable to work (tax-free benefits)

Disability Benefits

Temporary or permanent disability payments based on injury severity and wage loss

Death Benefits

Funeral expenses ($7,500) plus ongoing payments to spouse and dependents

The "Exclusive Remedy" Protection

Workers comp is the only way employees can receive benefits for workplace injuries. In exchange, employees cannot sue you for negligence, pain and suffering, or punitive damages. This protects your business from devastating lawsuits—even if the injury was your fault.

Real Contractor Workers Comp Claims

Roofer falls through roof decking

Spinal injury, multiple surgeries, 18 months lost wages, permanent disability, ongoing pain management

$325,000

Total cost

Electrician electrocuted on job site

Severe burns, cardiac arrest, ICU stay, skin grafts, 12 months recovery, permanent scarring

$185,000

Total cost

Framer cuts hand with circular saw

Severed tendons, emergency surgery, hand therapy, 9 months lost wages, reduced grip strength

$95,000

Total cost

HVAC tech falls from ladder

Broken leg and wrist, surgery on both, 8 months recovery, physical therapy

$145,000

Total cost

Concrete worker develops back injury

Herniated discs, spinal fusion surgery, 14 months lost wages, permanent lifting restrictions

$220,000

Total cost

Tree trimmer killed by falling branch

Fatal injury, death benefits to spouse and 3 children for 20+ years, funeral expenses

$950,000

Total cost

Without workers comp insurance, you would pay these costs directly—plus legal fees if the employee sues. With insurance, you pay only your premium. One serious injury can bankrupt an uninsured business.

How Workers Comp Cost Is Calculated

The Formula

(Payroll / $100) × Class Code Rate × Experience Modifier = Premium

1. Payroll

Total annual wages for all employees (including overtime, bonuses, commissions)

2. Class Code Rate

Risk rating based on job type—set by National Council on Compensation Insurance (NCCI)

3. Experience Modifier (Ex-Mod)

Your claims history compared to similar businesses (1.0 = average, <1.0 = discount, >1.0 = surcharge)

Alabama Class Code Rates (per $100 payroll)

Lower Risk Jobs ($0.50-$2.00)
  • • Office workers: $0.50-$1.00
  • • Retail sales: $0.75-$1.50
  • • Accountants: $0.60-$1.20
  • • IT professionals: $0.80-$1.50
Medium Risk Jobs ($2.00-$6.00)
  • • Plumbers: $3.00-$5.00
  • • Electricians: $2.50-$4.50
  • • HVAC technicians: $3.50-$5.50
  • • Landscapers: $2.00-$4.00
Higher Risk Jobs ($6.00-$12.00)
  • • Framers/carpenters: $8.00-$12.00
  • • Concrete workers: $7.00-$10.00
  • • Painters: $6.00-$9.00
  • • Flooring installers: $6.50-$9.50
Highest Risk Jobs ($12.00-$25.00+)
  • • Roofers: $15.00-$25.00
  • • Tree trimmers: $18.00-$30.00
  • • Demolition: $12.00-$20.00
  • • Steel erectors: $20.00-$35.00

Example Calculation

Business: Small electrical contractor with $200,000 annual payroll

Class Code Rate: $4.00 per $100 payroll

Experience Modifier: 1.0 (average claims history)

Annual Premium: ($200,000 / $100) × $4.00 × 1.0 = $8,000/year

Ghost Policies for Sole Proprietors

What Is a Ghost Policy?

A ghost policy (also called a "zero-payroll policy" or "owner-only policy") is a workers compensation policy for sole proprietors and business owners with no employees. It provides proof of insurance (Certificate of Insurance/COI) without covering anyone—because there are no employees to cover.

The policy is "ghost" because it exists on paper but has minimal or zero premium since there's no payroll to insure. You're essentially buying the certificate, not the coverage.

Why Sole Proprietor Contractors Need Ghost Policies

Contract Requirements
  • • General contractors require COI from all subs
  • • Commercial property owners demand proof
  • • Cannot bid on jobs without certificate
  • • Required to pull permits in many cities
  • • Banks require it for construction loans
Legal Protection
  • • Protects you if injured on the job
  • • Covers medical bills if you get hurt
  • • Provides lost income benefits
  • • Some states allow owner coverage
  • • Peace of mind for dangerous trades

Real-World Example

Scenario: You're a sole proprietor electrician in Alabama. Legally, you don't need workers comp because you have no employees. But you get a call to wire a new commercial building. The general contractor says, "I need your workers comp certificate before you can start."

Without a ghost policy: You lose the job. The GC cannot let you on site without proof of insurance—it's in their contract with the property owner and required by their insurance.

With a ghost policy: You provide the COI, get the job, and pay only $500-$1,500/year for the certificate. The policy has $0 payroll reported, so the premium is minimal.

How Ghost Policies Work

1

Purchase the Policy

You buy a workers comp policy with yourself listed as the only "employee" but with $0 or minimal reported payroll.

2

Pay Minimum Premium

Most carriers charge $500-$1,500/year minimum premium for ghost policies. Some charge based on estimated revenue instead of payroll.

3

Receive Certificate of Insurance

You get an official COI showing active workers comp coverage. This satisfies general contractor and property owner requirements.

4

Annual Audit

At year-end, the carrier audits your payroll. If you still have no employees, no additional premium is owed. If you hired someone, you'll owe back premium.

Important: Ghost Policies Don't Cover Employees

If you hire even one employee—full-time, part-time, or day laborer—you MUST report their payroll immediately. Ghost policies are only for true sole proprietors with zero employees.

Penalty for hiding employees: If you get caught with unreported employees, you'll owe back premium for the entire policy period, plus penalties and fines. The carrier can also cancel your policy and report you to the state.

How to Lower Your Workers Comp Cost

Reduce Claims Frequency
  • • Implement safety training programs
  • • Provide proper safety equipment (PPE)
  • • Maintain equipment and vehicles
  • • Create a safety culture with incentives
  • • Investigate near-misses to prevent injuries
  • • Offer return-to-work programs for injured employees
Optimize Your Policy
  • • Accurately classify employees by job duties
  • • Exclude corporate officers if allowed
  • • Pay premiums annually (avoid installment fees)
  • • Shop multiple carriers every year
  • • Audit payroll annually to avoid overpaying
  • • Join industry safety groups for discounts

TCDS Advantage

We shop 50+ workers comp carriers to find you the best rate. Our experience helps ensure accurate job classifications and identifies all available discounts. We also help you implement safety programs that reduce claims and lower your experience modifier over time.

Average savings: 15-25% compared to buying direct or using only one carrier.

Worried About Your Workers Comp Audit?

Most contractors dread audit season. Learn exactly what to expect, how to prepare, and how to avoid surprise bills at renewal.

Read the Workers Comp Audit Survival Guide

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