Workers Comp Class Code 5102 — Masonry — Brick
Florida NCCI Workers Comp Classification
FL NCCI Rate
$4.78
per $100 of payroll
Same-Day COI
Available
through PEO program
For code 5102, a worker earning $800/week costs just $38.23/week in workers comp through our PEO program.
FL NCCI Rate
$4.78/$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 5102?
NCCI class code 5102 covers Masonry — Brick 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 5102 is $4.78 per $100 of payroll, placing it in the high-risk tier.
Covers brick masons and block layers. At $7.42/$100, a mason earning $900/week costs $66.78/week in workers comp.
Because code 5102 is a construction classification, Florida law requires workers' compensation coverage from the first employee. Construction employers cannot use the 4-employee threshold that applies to non-construction businesses.
What Does This Rate Mean in Real Dollars?
At $7.42/$100, a mason earning $900/week costs $66.78/week. Annual cost for $150,000 payroll: ~$11,130.
Rate History — Code 5102
5-Year Rate Trend
Code 5102 — Florida NCCI rates
Source: Florida NCCI rate filings 2020–2024
Florida NCCI rates for code 5102 have decreased from $8.29 to $7.42 over the past 5 years — a positive trend for employers.
Why PEO Makes Sense for Code 5102
No deposit. No audit. Same-day COI.
Masonry contractors are in high demand in Florida. PEO provides same-day COI and pay-as-you-go coverage — no deposit required.
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 masonry contractor with 5 workers in Volusia County building a block wall. A worker strains his back lifting blocks — $16,000 claim for treatment.
Common Job Titles Under Code 5102
Top Workers Comp Risks for Code 5102
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 5102
Florida Statute Chapter 440 governs workers' compensation requirements. For construction employers classified under code 5102, coverage is required with 1 or more employees — including the business owner unless a valid exemption is on file with the Florida Division of Workers' Compensation.
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 5102
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 1926.706
Requirements for Masonry Construction: establishes limited access zones, prohibits employees from working under/near unbraced masonry walls, and requires bracing of walls until permanent supporting elements are in place — directly applicable to bricklaying crews building veneers and freestanding walls.
29 CFR 1926.451
Scaffolds: requires proper design, capacity, planking, access, and guardrail/fall protection on supported scaffolds used by brick masons; fall protection is required when working more than 10 feet above a lower level.
29 CFR 1926.501
Duty to Have Fall Protection: requires fall protection at 6 feet for unprotected sides/edges, leading edges, and working surfaces, which applies to masons laying brick at rooflines, balconies, and elevated perimeters.
29 CFR 1926.1053
Ladders: sets requirements for ladder selection, angle, securing, three-point contact, and extension 3 feet above the landing — common exposures when masons access scaffolds or upper courses.
29 CFR 1926.1153
Respirable Crystalline Silica: mandates exposure control methods (e.g., water-delivery systems on masonry saws, HEPA vacuums) and, when required, respirators, medical surveillance, and a written exposure control plan for cutting, grinding, or drilling brick.
Florida Stop-Work Order Cases — Code 5102
The Florida Division of Workers' Compensation (DFS) actively enforces coverage requirements. Below are representative enforcement cases involving businesses classified under code 5102.
Miami-Dade County (2023): DFS issued a stop-work order to a brick masonry subcontractor on a 5‑story apartment project after finding eight bricklayers on site with no active workers’ comp. Penalty: $176,000 in daily fines ($1,000/day per employee for 22 days) plus twice the estimated unpaid premium of $34,000 — total about $210,000.
Hillsborough County (2021): A residential brick veneer crew listed payroll under a “handyman” policy and paid three workers in cash while laying brick steps and veneers in Riverview. DFS assessed $36,000 in daily fines (3 workers × 12 days × $1,000) plus twice the unpaid premium of $24,000 — total about $60,000.
Orange County (2024): DFS swept a townhouse build in Winter Garden and found a six-person brick masonry sub with no coverage and no valid exemption filings. Penalty included $90,000 in daily fines (6 workers × 15 days × $1,000) plus twice the estimated unpaid premium of $48,000 — total about $138,000.
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 5102
Many standard insurance carriers restrict or decline coverage for businesses classified under code 5102. Understanding these declination triggers helps you find the right coverage path.
Height and scaffold exposure: brick masonry on supported or aerial scaffolds above two stories, parapets, or chimneys exceeds many admitted carriers’ underwriting guidelines for 5102 due to severe fall potential.
Silica and tool exposures: frequent dry cutting of brick/CMU without a documented 1926.1153 compliance program (water delivery, HEPA vacs, medical surveillance) leads carriers to decline or surcharge for occupational disease and citation risk.
Heavy uninsured subcontractor usage: high 1099 labor or use of uninsured brick/stone subs without strict COI controls makes total exposure unpredictable, causing declinations or requiring PEO placement.
Adverse or thin experience: new ventures with no verifiable WC history, or prior losses (hand lacerations, eye injuries, strains, scaffold falls) produce mods/indications that are outside standard carrier appetite for 5102.
Common Workers Comp Audit Mistakes for Code 5102
Year-end workers comp audits frequently result in unexpected additional premiums for businesses classified under code 5102. These are the most common audit mistakes to avoid.
Splitting field payroll between 5102 (Masonry—Brick) and cheaper codes like landscaping or concrete flatwork to reflect the job of the day; without contemporaneous, task-based time records, auditors assign all mixed labor to 5102.
Classifying working foremen or owners under 5606 (construction executive) or clerical 8810 while they still lay brick or set block; any on-site labor pushes all their hours back into 5102.
Not collecting valid, Florida-specific certificates of insurance or active exemptions from brick/stone subs; at audit, uninsured sub costs are converted to 5102 payroll, often retroactively spiking premium.
Failing to track taxable remuneration correctly for masons — cash per‑diems, piecework, and untaxed bonuses get left off payroll reports, and missing overtime breakout documentation forfeits the overtime premium credit.
Experience Mod (EMR) & PEO Advantage
For 5102 masonry crews, the mod is highly sensitive to frequent, smaller claims like strains from material handling, eye injuries from chipping, and hand lacerations — even without large losses. A couple of medical-only claims and one lost‑time fall can push an EMR from 1.00 to 1.30+ and drive your rate well above the Florida base of $4.779. A PEO places you on a master policy with stronger loss control (scaffold/fall and silica programs), return‑to‑work, and claims handling that helps reduce claim frequency and severity — stabilizing costs and insulating you from big mod swings.
Frequently Asked Questions — Code 5102
What is the workers comp rate for class code 5102 in Florida?
The Florida NCCI rate for class code 5102 (Masonry — Brick) is $4.78 per $100 of payroll. For a business with $150,000 in annual payroll, the estimated annual workers comp cost is $7,169.
Can I get same-day workers comp coverage for class code 5102?
Yes. Through Comp Ninjas's PEO program, most businesses classified under code 5102 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 5102 considered high-risk in Florida?
Code 5102 is classified as high-risk based on its NCCI rate of $4.78 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 5102?
A traditional policy for code 5102 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 5102, the annual cost would be approximately $7,169.
How do I switch to a PEO program if I already have a workers comp policy for code 5102?
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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