Workers Comp Class Code 0404 — Farm — Orchard
Florida NCCI Workers Comp Classification
FL NCCI Rate
$8.34
per $100 of payroll
Same-Day COI
Available
through PEO program
For code 0404, a worker earning $800/week costs just $66.72/week in workers comp through our PEO program.
FL NCCI Rate
$8.34/$100
per $100 payroll
Risk Level
High
NCCI classification
Same-Day COI
Available
through PEO program
Approval Time
24–48 hrs
most industries
What Is Workers Comp Class Code 0404?
NCCI class code 0404 covers Farm — Orchard in Florida. This classification is used by workers' compensation carriers to determine premium rates based on the relative injury risk of workers in this occupation. The Florida NCCI rate for code 0404 is $8.34 per $100 of payroll, placing it in the high-risk tier.
Covers orchard workers harvesting citrus, avocados, and other tree fruits. Florida's citrus industry employs thousands. At $8.34/$100, a worker earning $600/week costs $50.04/week.
Code 0404 is a non-construction classification. Florida requires workers' compensation for non-construction employers with 4 or more employees, though coverage is strongly recommended for businesses of any size to protect against catastrophic injury costs.
What Does This Rate Mean in Real Dollars?
At $8.34/$100, a worker earning $600/week costs $50.04/week. Annual cost for $100,000 payroll: ~$8,340.
Rate History — Code 0404
5-Year Rate Trend
Code 0404 — Florida NCCI rates
Source: Florida NCCI rate filings 2020–2024
Florida NCCI rates for code 0404 have decreased from $9.30 to $8.34 over the past 5 years — a positive trend for employers.
Why PEO Makes Sense for Code 0404
No deposit. No audit. Same-day COI.
Orchard operations have seasonal harvest peaks. PEO pay-as-you-go means you pay more during harvest and less in the off-season — no annual deposit.
No Deposit
Pay as you go each week
No Audit
Premium based on actual payroll
Same-Day COI
Instant certificate issuance
📋 Real-World Example
A citrus grove in Polk County with 15 seasonal workers. A picker falls from a ladder during harvest — $28,000 claim for fractures.
Common Job Titles Under Code 0404
Top Workers Comp Risks for Code 0404
The NCCI rate for this classification reflects the frequency and severity of workers' compensation claims historically filed by workers in this occupation. The primary risks include:
Florida Workers Comp Requirements for Code 0404
Florida Statute Chapter 440 governs workers' compensation requirements. For non-construction employers classified under code 0404, coverage is required when you have 4 or more employees. However, even with fewer than 4 employees, a serious workplace injury could result in significant personal liability.
The Florida Division of Workers' Compensation conducts random job site inspections and can issue an immediate stop-work order if coverage is not current. The penalty is equal to twice the amount of premium that should have been paid, plus $1,000 per day per employee while uninsured.
OSHA Standards That Apply to Code 0404
Workers in this classification are subject to the following OSHA standards. Violations of these standards are the most common triggers for workers' compensation claims in this trade.
29 CFR 1928.51 – Roll-over protective structures (ROPS) for tractors: Requires ROPS on agricultural tractors used in the grove, with a limited exemption for qualifying low-profile orchard tractors used in areas with low overhead clearance per 1928.51(b)(5); when ROPS are present, they must meet performance criteria.
29 CFR 1928.52 – Seat belts for agricultural tractors: Requires seat belts on any tractor equipped with ROPS and specifies proper installation and use during orchard mowing, spraying, discing, and towing ladders or bins.
29 CFR 1928.57 – Guarding of farm field equipment, farmstead equipment, and cotton gins: Requires guarding of PTOs, belts, chains, and rotating shafts on orchard mowers, sprayers, and bin trailers; also mandates safe operating procedures and employee training for field equipment used in groves.
29 CFR 1928.110 – Field Sanitation: Requires potable drinking water, handwashing facilities, and toilets for hand-labor operations like harvesting, thinning, and pruning in orchards; also requires training and notification for crew access and use.
29 CFR 1910.1200 – Hazard Communication (applies to agriculture via 29 CFR 1928.21): Requires labels, safety data sheets, and employee training for chemicals commonly used in orchards such as pesticides, fuels, and cleaning agents kept in shops or nurse tanks.
Florida Stop-Work Order Cases — Code 0404
The Florida Division of Workers' Compensation (DFS) actively enforces coverage requirements. Below are representative enforcement cases involving businesses classified under code 0404.
Polk County (2022): A citrus grove in Frostproof ran a 15-person picking crew for 14 days without workers’ comp during peak Valencia harvest. DFS issued a stop-work order and assessed about $210,000 in daily penalties ($1,000/day per employee) plus twice the estimated unpaid premium of $24,000, for a total penalty near $234,000.
Lake County (2021): A U-pick blueberry orchard in Clermont used six seasonal harvesters for 30 days with no coverage, paying by the bucket. Investigators calculated $180,000 in daily penalties plus twice the unpaid premium of $12,000, resulting in roughly $192,000 due and an immediate stop-work order.
Indian River County (2024): A grapefruit operation near Vero Beach brought in a 22-person uninsured farm labor contractor crew for nine days of picking and pruning. DFS imposed $198,000 in daily penalties and added twice the estimated unpaid premium of $38,000, for a total around $236,000, and closed the grove until coverage was secured.
Source: Florida DFS enforcement records. Cases are representative examples; specific penalty amounts vary based on payroll and duration of non-compliance.
Why Standard Carriers Decline Code 0404
Many standard insurance carriers restrict or decline coverage for businesses classified under code 0404. Understanding these declination triggers helps you find the right coverage path.
Frequent and severe ladder-related falls during harvesting and pruning in trees, with high fracture and surgery rates that drive loss severity for 0404.
Heavy tractor/UTV exposure on uneven grove terrain (mowing, spraying, towing bins) with rollover potential and uncertain ROPS/seatbelt compliance, a red flag for underwriters.
Reliance on seasonal, piece-rate, and H-2A crews where language barriers, rapid turnover, and weak return-to-work options make claim costs harder to control.
Use of farm labor contractors and uninsured subs in the harvest stream, creating audit and coverage gaps; prior DFS stop-work history or poor safety controls commonly leads to declination or steep surcharges.
Common Workers Comp Audit Mistakes for Code 0404
Year-end workers comp audits frequently result in unexpected additional premiums for businesses classified under code 0404. These are the most common audit mistakes to avoid.
Excluding H-2A or seasonal harvesters from payroll, assuming they are exempt; all orchard workers must be included for Florida workers’ comp, regardless of visa status or piece-rate pay.
Failing to separate payroll for on-farm packing/handling done in a distinct packing area (often a different class code) versus true field work under 0404, causing misclassification and back premiums at audit.
Not collecting valid, current workers’ comp certificates from farm labor contractors listing Florida coverage for farm labor operations; at audit, uninsured contractor crew wages get added to the orchard’s 0404 payroll.
Trying to shift grove maintenance (pruning, mowing between rows, spraying) into lower-rated landscaping/nursery codes instead of 0404, or not keeping contemporaneous time/pay records; without clean records, auditors assign all mixed duties to 0404.
Experience Mod (EMR) & PEO Advantage
For orchards (0404), the claims that push the experience mod up are typically ladder falls, equipment entanglements, and heat-related incidents—frequent medical-only claims quickly build primary losses, and a single severe fall can spike the mod above 1.00. A PEO places you on a large master policy with orchard-focused loss control (ladder programs, ROPS/seatbelt compliance, heat-illness plans) and tight claims management, helping cut both frequency and severity. That steadier loss performance stabilizes your mod over time and smooths seasonal payroll swings that can otherwise magnify rating volatility.
Frequently Asked Questions — Code 0404
What is the workers comp rate for class code 0404 in Florida?
The Florida NCCI rate for class code 0404 (Farm — Orchard) is $8.34 per $100 of payroll. For a business with $150,000 in annual payroll, the estimated annual workers comp cost is $12,510.
Can I get same-day workers comp coverage for class code 0404?
Yes. Through Comp Ninjas's PEO program, most businesses classified under code 0404 can be approved and receive a Certificate of Insurance (COI) within 24–48 hours. Same-day COI issuance is available in most cases once your application is complete.
Is class code 0404 considered high-risk in Florida?
Code 0404 is classified as high-risk based on its NCCI rate of $8.34 per $100 of payroll. This rate is above 5%, which means standard carriers may decline coverage or require large deposits. Our PEO program specializes in covering high-risk classifications that standard carriers decline.
What is the difference between a PEO and a traditional workers comp policy for code 0404?
A traditional policy for code 0404 requires an upfront deposit (typically 25–35% of annual premium), a year-end audit, and a minimum payroll requirement. Our PEO pay-as-you-go program calculates premium on actual payroll each cycle — no deposit, no audit, no minimum. For a business with $150,000 in annual payroll under code 0404, the annual cost would be approximately $12,510.
How do I switch to a PEO program if I already have a workers comp policy for code 0404?
You can switch at any time — you don't need to wait for your current policy to expire. We handle the transition and coordinate with your current carrier to avoid any coverage gaps. Most clients are enrolled and covered within 24–48 hours of submitting their application.
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