Workers Comp Class Code 5350 — Tile Setting — Ceramic & Stone
Florida NCCI Workers Comp Classification
FL NCCI Rate
$4.50
per $100 of payroll
Same-Day COI
Available
through PEO program
For code 5350, a worker earning $800/week costs just $36.00/week in workers comp through our PEO program.
FL NCCI Rate
$4.50/$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 5350?
NCCI class code 5350 covers Tile Setting — Ceramic & Stone 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 5350 is $4.50 per $100 of payroll, placing it in the high-risk tier.
Covers tile setters installing ceramic, porcelain, and stone tile. At $5.84/$100, a tile setter earning $800/week costs $46.72/week in workers comp.
Because code 5350 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 $5.84/$100, a tile setter earning $800/week costs $46.72/week. Annual cost for $120,000 payroll: ~$7,008.
Rate History — Code 5350
5-Year Rate Trend
Code 5350 — Florida NCCI rates
Source: Florida NCCI rate filings 2020–2024
Florida NCCI rates for code 5350 have decreased from $6.56 to $5.84 over the past 5 years — a positive trend for employers.
Why PEO Makes Sense for Code 5350
No deposit. No audit. Same-day COI.
Tile contractors work on residential and commercial projects. PEO provides flexible coverage with same-day COI.
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 tile company with 3 workers in Hillsborough County installing bathroom tile. A worker develops knee problems — $13,000 claim for treatment.
Common Job Titles Under Code 5350
Top Workers Comp Risks for Code 5350
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 5350
Florida Statute Chapter 440 governs workers' compensation requirements. For construction employers classified under code 5350, 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 5350
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.
OSHA 29 CFR 1926.1153 – Respirable Crystalline Silica: requires tile/stone setters to control silica when cutting, grinding, mixing thinset, or drilling (use wet methods or HEPA vacs), perform exposure assessments, keep a written exposure control plan, train workers, and provide medical surveillance when required.
OSHA 29 CFR 1926.501 – Duty to Have Fall Protection: mandates fall protection at 6 feet or more, which applies when setting tile on balconies, stair landings, mezzanines, or upper floors near open edges or unprotected shafts.
OSHA 29 CFR 1926.1053 – Ladders: covers safe use of step and extension ladders commonly used by tile crews for backsplash work and shower surrounds, including load ratings, securing, and maintaining three points of contact.
OSHA 29 CFR 1926.404(b)(1) – Ground-Fault Protection: requires GFCI or assured equipment grounding for corded wet saws and mixers used in damp areas to prevent electrocution.
OSHA 29 CFR 1926.303 – Abrasive Wheels and Tools: requires proper guarding, tool rests, and ring testing for grinders and tile/stone abrasive saws, plus eye/face protection for cutting and edge-grinding operations.
Florida Stop-Work Order Cases — Code 5350
The Florida Division of Workers' Compensation (DFS) actively enforces coverage requirements. Below are representative enforcement cases involving businesses classified under code 5350.
Miami-Dade County (2023): DFS issued a Stop-Work Order to a tile-setting subcontractor working a Brickell condo renovation after inspectors observed wet-saw operations and four helpers without proof of coverage. Penalty was approximately $91,000, based on 9 uncovered days for 7 workers ($63,000) plus twice the estimated unpaid premium (~$28,000).
Orange County (2022): A retail buildout near the Mall at Millenia led to a DFS visit when the GC reported an expired COI for a ceramic tile crew. Investigators found 5 installers operating uninsured for 12 days; penalties totaled about $78,000 ($60,000 daily penalties + $18,000 for twice the unpaid premium).
Hillsborough County (2024): DFS responded to a jobsite injury (laceration from a wet saw) on a mid-rise in Tampa Heights and discovered a stone-tile crew of 10 classified as 1099s with no comp. The Stop-Work Order carried roughly $100,000 in penalties—$60,000 for 6 days uncovered plus $40,000 representing twice the calculated unpaid premium.
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 5350
Many standard insurance carriers restrict or decline coverage for businesses classified under code 5350. Understanding these declination triggers helps you find the right coverage path.
Frequent strain/sprain and knee injuries from lifting stone, carrying tile up stairs, and working on wet thinset surfaces, plus lacerations from saws and grinders—loss frequency for 5350 is high and many admitted carriers avoid or surcharge heavily.
Silica exposure (OSHA 1926.1153) during cutting/mixing; underwriters decline when there’s no written silica plan, no wet methods/HEPA controls, or no medical surveillance documentation for affected employees.
Multi-story exposures common to balconies and high-rise interiors; carriers often exclude risks working above two stories or without documented fall-protection procedures for edges, shafts, and stairwells.
Heavy reliance on uninsured 1099 tile crews or labor-only subs and piece-rate pay structures that complicate audits; carriers shy away when a high percentage of work is subcontracted without valid WC certificates and hold-harmless/indemnity language.
Common Workers Comp Audit Mistakes for Code 5350
Year-end workers comp audits frequently result in unexpected additional premiums for businesses classified under code 5350. These are the most common audit mistakes to avoid.
Lumping payments to 1099 tile subs as a single amount without breaking out labor vs. materials (tile, grout, Schluter, setting beds); auditors will include 100% of those payments as payroll to 5350 if there’s no valid WC certificate and no labor/material split.
Trying to move working foremen/layout leads into 5606 (executive supervisors) when they also carry tile, run saws, or perform demo/underlayment; auditors will reclassify all such time back to 5350 without detailed daily timecards.
Paying installers by the square foot or cash per room and keeping poor time records; without verifiable payroll and overtime details, auditors default the entire amount to 5350 and disallow overtime premium credits.
Not filing Florida construction officer exemptions (DWC-250) correctly; owners assumed to be active in field tile work get included in 5350 payroll when exemption status or job-duty separation isn’t documented.
Experience Mod (EMR) & PEO Advantage
Tile setting (5350) tends to produce frequent, moderate claims—back and knee strains from handling stone, lacerations from wet saws, and slip-and-fall injuries on wet thinset—which can quickly push an EMR above 1.00 because the mod is highly sensitive to claim frequency. A PEO won’t erase your EMR (it follows your FEIN), but a strong PEO program helps reduce it over time with silica-compliant work practices, better PPE and GFCI controls, nurse triage, and real light-duty options (shop prep, material staging, deliveries) to cut lost time and keep losses small.
Frequently Asked Questions — Code 5350
What is the workers comp rate for class code 5350 in Florida?
The Florida NCCI rate for class code 5350 (Tile Setting — Ceramic & Stone) is $4.50 per $100 of payroll. For a business with $150,000 in annual payroll, the estimated annual workers comp cost is $6,750.
Can I get same-day workers comp coverage for class code 5350?
Yes. Through Comp Ninjas's PEO program, most businesses classified under code 5350 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 5350 considered high-risk in Florida?
Code 5350 is classified as high-risk based on its NCCI rate of $4.50 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 5350?
A traditional policy for code 5350 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 5350, the annual cost would be approximately $6,750.
How do I switch to a PEO program if I already have a workers comp policy for code 5350?
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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