Declined for Workers’ Comp? Your Options as a High-Risk Contractor

Turned down for workers’ comp? Here’s how roofers, excavators, tree crews and other high-risk contractors still get covered, state by state.

INSURANCE TIPS

10/20/20265 min read

a man on a cherry picker working on a building
a man on a cherry picker working on a building

If you’re a roofer, framer, excavator or tree service owner, there’s a good chance a carrier has told you “we don’t write that class.” It feels like a dead end, especially when a general contractor needs your certificate before Monday. It isn’t. Every state has a path to workers’ comp coverage, even for trades standard carriers avoid.

Why high-risk trades get declined

Carriers price workers’ comp by class code. Trades that work at heights, with heavy equipment or around falling objects carry the highest rates per $100 of payroll. Some carriers simply don’t write those classes. Others decline for reasons that have nothing to do with your trade:

  • You’re a new business with no loss history

  • You have prior claims or an experience mod above 1.00

  • Your payroll is large or swings a lot during the year

  • You work in more than one state

A “no” from one carrier usually says more about that carrier’s appetite than about you.

Option 1: Specialty carriers and programs

Independent brokers have access to carriers and construction programs that focus on higher-risk classes. These markets expect to see roofers and excavators, and they price for it. This is where most declined contractors land first, and it’s where you want to be: rates are often better than the last-resort market and you keep more payment options.

Option 2: Your state’s market of last resort

When no carrier in the voluntary market will offer coverage, each state has a backstop so employers can still meet the law:

  • Oregon: SAIF and the Oregon Assigned Risk Plan

  • California: State Compensation Insurance Fund

  • Colorado: Pinnacol Assurance

  • Texas: Texas Mutual

  • Nevada: NCCI-administered assigned risk plan

  • Arizona: NCCI-administered assigned risk plan

  • Washington: Department of Labor & Industries (the only source of workers’ comp in the state)

Pricing here is often higher, so the goal is to use it as a bridge, not a permanent home.

How to get back to a standard carrier

  1. Get your class codes right. A misclassified payroll is the most common reason contractors overpay.

  2. Separate your payroll. Clerical and sales staff belong in their own low-rated classes, not lumped in with field crews.

  3. Manage claims. Report injuries fast, get workers back on light duty, and close claims cleanly. Your experience mod follows you for three years.

  4. Put your safety program in writing. Underwriters reward documented training, fall protection plans and toolbox talks.

  5. Re-shop at every renewal. A clean year in the assigned risk plan can open the door to the voluntary market.

What about Texas?

Texas is the one state where most private employers can choose not to carry workers’ comp. Contractors who opt out lose important protections against employee injury lawsuits, public construction projects require coverage, and most general contractors require proof of comp from their subs. If you want the work, you usually need the policy.

Which agents can get workers’ comp for high-risk trades?

Look for an independent broker who works with several carriers, specialty construction programs and each state’s residual market, not a captive agent tied to one company. That’s what we do at Hard Hat Insurance. We shop your class codes with standard and specialty carriers and, if needed, place you in the assigned risk plan or state fund so you can keep working.

Been declined? Get a free quote or call (949) 868-7350. Oregon line: (971) 430-4717. Washington line: (509) 355-9480. Se habla español.

Related: High-risk workers’ compensation insurance · Roofing contractor insurance · Excavation contractor insurance

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Hard Hat Insurance is a specialized marketing division of Bearstar Insurance Services.
Insurance services provided by Bearstar Insurance Services.
Jesus Galvan is a licensed insurance broker in CA, ID, NV, OR, TX and WA, serving contractors in AZ, CO and across the western U.S. California License #4291921.
Other license numbers available upon request. Coverage availability varies by state.

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