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A Morrow guide

Workers' Comp, Payroll and Class Codes for a Sign Company

In this guide

Workers' compensation for a sign company is priced by class code and payroll, and no single rule covers sign work: Massachusetts, for example, rates a company that makes and erects signs in one class with no split of shop and field pay, while class listings elsewhere often separate them. After a purchase, the seller's experience modification usually follows the business, the insurer should be told of the ownership change within 90 days under the rating bureau's ownership change rules, and uninsured outside installers can land on your audit. This guide is for the entrepreneurship through acquisition (ETA) buyer who now owns the payroll.

The short answer

  • Class codes classify the business, vary by state and bureau, and are assigned by the insurer. Never assume the seller's code is the right one for you.
  • In Massachusetts, a company that both makes and erects signs is rated in one class and may not split shop and erection payroll. Do not assume that rule applies in other states.
  • Splitting one employee between classes takes actual time and pay records. Without them the audit can put all pay in the higher-rated class.
  • Uninsured outside installers can be added to your audit base, so collect certificates and written subcontracts.
  • Report the ownership change within 90 days. States that use the National Council on Compensation Insurance (NCCI) and several independent bureau states, such as Massachusetts, New York and Pennsylvania, use that period, though forms and the date a recalculated mod takes effect differ. The seller's mod usually follows the business and, under current NCCI rules, can be applied retroactively.

How do sign company jobs map to class codes?

A class code classifies the business of the employer, not each employee's title. The insurer assigns it, rating bureaus publish it, and it varies by state. Premium is generally a state-approved rate per $100 of payroll for each class, multiplied by the payroll in that class, then adjusted by the experience modification (mod), a multiplier that compares your claims history with similar companies. In a sign company the same building holds people with very different hazards, which is why the class question matters. Use this table to organize your payroll records before the audit asks for them.

Sign company employee groups and the class question for each
Employee groupThe class question to askRecords to keep
Shop fabricators, router and cutter operators, welders, paintersRated with the sign class, or with a manufacturing, printing or painting class, depending on state and on whether the company also erects signsPayroll by person, with job descriptions
Graphics, print and wrap techniciansPrinting and graphics classes may apply to shop work, and where wrap work is rated can be unclearTime cards showing shop versus on-site work
Sign electricians who wire or connect lit signsIn Massachusetts the bureau text puts sign wiring inside the sign class. Other bureaus may rate it differently, so ask your broker how your state rates itLicenses held and duties performed
Field installers, drivers, lift and crane operatorsOften the group with the most height, electrical and vehicle exposure. How it is rated depends on the state and bureauField hours by job, job addresses, equipment used
Designers, estimators and project managersClerical or standard exception classes (special classes for office and outside sales work) apply only if duties meet the class definition and work areas are separated from hazardsJob descriptions and where each person works
Outside salesMay qualify for the outside sales class if duties fitTime spent in the field versus selling
Office and managementMay qualify as clerical only when the manual's conditions are metFloor plan and job descriptions

The government publishes a nonfatal injury rate for sign manufacturing (1.8 recordable cases per 100 full-time workers in 2024, against 2.3 for all private industry) and a count of fatal injuries there, but it has no separate line for sign installation, which sits inside broader construction categories. So those numbers say nothing about how risky your field crew's work is. Do not read the shop number as proof that the whole company is low risk.

Why do class rules for sign work differ by state?

The Massachusetts bureau shows how far the rules can differ. Its class 9552 "contemplates the entire operations of insureds who manufacture and erect signs," and the bureau text says division of payroll is not permitted between shop and erection work even when the operations are physically separate. It includes electric and neon sign wiring and glass tube bending, and it excludes outdoor advertising (billboard) companies, which have their own class. A sign maker that does not erect signs is rated in other classes there.

Keep three points in mind:

  • The Massachusetts rule is an example, not the national rule. Class listings elsewhere often separate sign manufacturing from sign erection, so confirm with the bureau manual for your state.
  • California, Pennsylvania and Delaware use classification systems that differ from the manual of the National Council on Compensation Insurance (NCCI), and eleven states have independent rating bureaus.
  • North Dakota, Ohio, Washington and Wyoming are monopolistic state fund states: workers' comp there must be bought from the state fund, not from private insurers.

Never assume the code on the seller's policy is the right one for your payroll. Whether designers can be rated as clerical inside a sign erection class, and whether sign electricians go to an electrical class, are questions to put to the bureau's manual for your state. For a general walk-through, see workers' comp class code corrections and the library's class code glossary page.

Do I inherit the seller's experience mod, and what must I report?

Under NCCI rules, the seller's payroll and claims history usually follows the business to the buyer in both stock and asset purchases, where the buyer takes over operations. Setting up a new company does not give you a fresh 1.00 mod. Dropping the seller's experience is rare and requires a near-complete change of owners, a change in operations large enough to change the governing class and a change in the work process and hazards. The policy, through the NCCI ownership change rules and endorsement, requires you to report the change within 90 days, and a recalculated mod can apply back to the date of the change. If the company is small, it may be below the state's premium threshold and carry a 1.00 factor instead of a calculated mod, so ask the insurer or bureau whether a mod applies.

State differences matter:

  • NCCI states and several independent bureau states, such as Massachusetts, New York and Pennsylvania, use the 90 day period, though forms, reporting routes and the date a recalculated mod takes effect differ.
  • Texas is an NCCI state where most private employers may choose not to carry coverage, a choice with its own consequences that your lawyer should explain.
  • In Washington, a buyer can become liable for the seller's unpaid workers' comp amounts unless it gives the state written notice of the purchase and no assessment follows within 180 days (Revised Code of Washington section 51.16.200).
  • Washington is also one of the state fund states named above: coverage must come from the state fund, and those policies do not include employer's liability, so ask your broker about stop gap coverage.
  • Whether owners and officers must be covered, may be excluded or can elect coverage is set state by state. If you are an LLC member or officer, settle your own status early, because the seller's exclusion choices do not decide yours (see new owner review: workers' compensation). Confirm with your broker and the state workers' compensation agency.

If you plan to use a professional employer organization (PEO), read PEO vs your own workers' comp policy. Other steps are in how to check your experience mod for errors. The first-month checklist is in insurance after you buy a sign company, and the cost effect is covered in what drives insurance cost for a sign company.

Could an audit surprise me with a bill for shop and field payroll?

Your premium starts as an estimate. After the policy ends the insurer sets the final premium from actual payroll and the correct classes, and you pay any balance. The policy lets the insurer audit your records during the term and for up to three years after it ends, and if the auditor finds work not described by the classes on the policy, the insurer assigns the right classes by endorsement. A premium audit bill is the usual surprise for a new owner. On a sign company, a surprise can come from lift and install hours recorded as shop payroll, so ask whether job tickets show hours by site.

One employee's pay can be split between classes only if records show actual time and pay in each class. The NCCI Basic Manual, in the version filed in North Carolina, does not allow estimates or percentage splits, and other states' versions can differ, so ask your broker to confirm the rule where your payroll is reported. Without proper records, that employee's pay goes to the highest-rated class involved.

A hypothetical example. One employee spends about half the week fabricating in the shop and half on lifts setting letters. The company has payroll records by week but no daily time records. In a state that permits a split, the auditor finds no proof of the time in each class and assigns the employee's full $60,000 of pay to the higher-rated class. The buyer inherited that practice from the seller. Daily time records may have avoided the bill. See payroll estimates and surprise workers' comp audit bills.

In a stock purchase, an audit of the seller's last policy can still bill the company you now own, including for pre-closing payroll. In an asset purchase the balance is normally the seller's on the seller's policy. The purchase agreement decides who bears the cost, so ask deal counsel. A Morrow review can compare your payroll records with the classes on the policy before the audit, though the insurer assigns the classes.

What about outside installers and 1099 workers?

Sign companies often hire local installers for monument signs, channel letters or digital displays, and the International Sign Association runs events that match local installers with national sign companies. No public figure shows how many outside installers are employees and how many are subcontractors, so ask the seller for the actual split. Treat every outside installer as a possible audit item until you hold the paperwork.

Short version: if an outside installer has no workers' comp of their own, an auditor may bill you as if that installer were your employee. The workers' compensation policy's premium base includes payroll for your employees and also pay to "all other persons engaged in work that could make us liable" under the policy. An uninsured subcontractor's charge is classified as if the workers were your own employees, and if no payroll records are provided the policy allows the contract price to be used as the premium base. This does not apply if you give proof that the installer's own employer lawfully secured workers' comp, and whether a subcontractor's workers can make your insurer liable depends on each state's statutory employer law.

  • Collect a certificate of insurance and a written subcontract from every outside installer before the first job.
  • Remember that a certificate is information only and does not by itself end the question.
  • If you also install for other sign companies on rollout jobs, a national company may ask you for the same certificate and written subcontract, so your own file should be as clean as the one you ask of your installers.
  • State tests for treating a worker as an independent contractor differ, and some are strict for construction-type work. Ask your attorney how your states treat installers.

See 1099 contractors and the workers' comp audit bill and do your subcontractors carry the coverage your contracts require.

Keep reading

Frequently asked questions

What class code applies to a sign company?

There is no single code. Class codes vary by state and rating bureau, and the insurer assigns them based on your operations. Massachusetts, for example, uses one class for companies that make and erect signs, while other places separate manufacturing from erection. Ask your broker to confirm in writing.

Can I split a sign company employee's pay between shop and field classes?

Only where the state's rules allow a split and you can show actual time and pay in each class. Estimates are not accepted in the NCCI manual as filed in North Carolina, and Massachusetts does not allow the split for a company that makes and erects signs.

Do I inherit the seller's experience mod when I buy a sign company?

Usually yes, in both stock and asset purchases where you take over operations. Excluding the seller's experience is rare, and a small company may have no calculated mod at all. The rating bureau decides, and you must report the change to your insurer within 90 days.

Are my outside installers my workers' comp responsibility?

They can be. The premium base includes pay to other persons doing work that could make the insurer liable, and an uninsured subcontractor can be classified as if it were your employee. Collect certificates and written subcontracts and ask your broker how your state's law applies.

Does a certificate of insurance from an installer protect me at audit?

It helps, but it is information only and does not by itself settle the question. The policy test is whether the installer's own employer lawfully secured workers' comp, and state law controls. Keep the certificate and the subcontract together.

References

Just bought a business? Get your insurance reviewed.

Send Morrow the declarations pages, loss runs and key contracts you inherited. Morrow can review them against the business you bought, flag gaps and request quotes where it makes sense. Any new terms depend on carrier underwriting.

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This article is general information, not legal, tax or financial advice, and not a coverage determination. Coverage depends on the actual policy wording, carrier underwriting, your purchase agreement and your contracts. Ask your attorney and accountant about deal and legal questions.