Does a Tree Service Need Workers' Comp for Ground Crew Only?
- Jun 30
- 6 min read
If you only have ground crew and no climbers, you might be wondering if you can avoid high workers’ comp costs. Maybe a general contractor is asking for a certificate of insurance, or you’re trying to keep expenses under control. The question “Does a tree service need workers' comp for ground crew only?” comes up all the time—and the answer depends on a few important factors.
Even if your crew stays on the ground, the risks are still real, and the rules can be stricter than you expect. Let’s break it down in simple, practical terms.
Do You Need Workers’ Comp for Ground Crew Only? (Quick Answer)
In most states, yes—you typically need workers’ compensation insurance if you have employees, even if they are only ground crew.
Ground workers in tree service still face risks like:
Chainsaw and equipment use
Falling limbs and debris
Working around heavy machinery
Being near active tree cutting operations
State requirements vary and can change, so it’s important to confirm your specific obligations with your state’s workers’ comp board or a licensed agent.
Why Ground Crew Still Counts as High Risk
It’s easy to assume that only climbers are exposed to serious danger. But ground crew members are often right in the middle of hazardous operations.
They may:
Operate chippers, stump grinders, and saws
Help guide falling trees or limbs
Work close to equipment and vehicles
Manage ropes and rigging systems
Even without climbing, injuries can still be severe. That’s why ground crew is typically included in higher-risk workers’ comp classifications.
For a deeper look at job site hazards, OSHA provides guidance here:https://www.osha.gov/tree-care
How Workers’ Comp Treats Tree Service Ground Crew
Workers’ comp doesn’t usually separate your policy based on who climbs and who doesn’t. Instead, it looks at the overall risk of the work performed.
Class Codes and Ground Crew
A class code is a number used to group similar types of work based on risk. Tree service businesses often fall under a high-risk class code—even for ground crew.
In many cases:
Ground crew working with tree removal operations fall under the same class code as climbers
The risk is considered part of the same job activity
In some situations, if duties are clearly separated and lower risk, part of your payroll might be assigned differently. However, this depends on state rules and how your business operates.
How This Impacts Your Workers’ Comp Cost
Workers’ comp is generally priced per $100 of payroll. That means your total premium depends on how much you pay your workers and what class code applies.
Because tree service class codes tend to be high-risk:
Even ground crew payroll can be rated at a higher level
Your cost increases as payroll increases
Your experience modifier, or EMR, also plays a role. Your EMR is a number that compares your claims history to similar businesses.
1.00 = average
Below 1.00 = fewer claims
Above 1.00 = more or worse claims
Even if you only have ground crew, a high EMR can increase your premium.
Common Situations Where Ground Crew Coverage Applies
Here are a few real-world scenarios that often come up for tree service owners.
You Don’t Have Climbers—Just Ground Workers
Even without climbers, if your team supports tree removal or trimming operations, workers’ comp is typically required if they are employees.
You Work as a Subcontractor
If a general contractor hires you, they may require proof of workers’ comp coverage—even if your crew stays on the ground.
Without coverage:
You may not qualify for jobs
You could be held responsible for injuries
You’re Trying to Keep Costs Low
Some business owners assume skipping coverage for ground crew reduces expenses. But this can lead to:
Penalties (depending on your state)
Out-of-pocket injury costs
Lost job opportunities
1099 Contractors vs. Employees: A Key Issue
One of the biggest gray areas in tree service is worker classification.
Some owners hire ground crew as 1099 independent contractors instead of employees.
A 1099 contractor is generally responsible for their own taxes and insurance. But if that worker functions like an employee—using your equipment, following your schedule—you may still be responsible for covering them.
Misclassification can lead to:
Audit adjustments
Higher premiums later
Possible legal or compliance issues
Each state defines worker classification differently. It’s always best to confirm with a licensed agent or your state authority before making assumptions.
More general guidance is available from the U.S. Department of Labor:https://www.dol.gov/general/topic/workcomp
What About Ghost Policies?
A ghost policy is a workers’ comp policy that covers a business owner with no employees.
This may work if:
You truly have no employees
You need proof of coverage for a contract
However:
It typically does not cover ground crew
The moment you hire workers, your risk changes
Using a ghost policy while employing workers can create serious gaps in coverage.
Workers’ Comp Audits and Ground Crew Payroll
Most workers’ comp policies include an audit at the end of the policy period.
An audit is when your insurance company reviews your actual payroll and compares it to what you estimated.
For ground crew, this means:
All payroll is reviewed
Worker roles are examined
Class codes are verified
If you misclassified workers or underreported payroll, your premium may increase.
Accurate records are critical to avoiding surprises.
Pay-As-You-Go Workers’ Comp for Smaller Crews
If your ground crew size changes over time, pay-as-you-go workers’ comp may help.
This option adjusts your premium in real time based on actual payroll instead of estimates.
It can:
Improve cash flow
Reduce audit surprises
Keep your payments accurate
This is especially helpful for smaller or seasonal tree service businesses.
How to Manage Costs for Ground Crew Coverage
Even though tree service is high-risk, there are ways to control your workers’ comp costs.
Strengthen Safety Practices
A good safety program reduces injuries and claims.
Focus on:
Equipment training
Job site communication
Proper use of protective gear
Clear work procedures
Track Payroll Properly
Keep detailed records of:
Hours worked
Job roles
Type of work
This helps ensure correct classification and smoother audits.
Manage Claims Carefully
Fewer claims help improve your EMR over time.
If injuries happen:
Report them quickly
Help employees return to work safely
Address root causes
Work With a Knowledgeable Agent
Tree service is a specialized trade. An experienced agent can help you:
Set up your policy correctly
Avoid classification errors
Identify ways to reduce costs
State Differences You Should Be Aware Of
Workers’ comp rules vary widely across the United States.
For example:
Most states require coverage if you have employees
Some states have different thresholds or exceptions
Texas has a unique system compared to most states
Because laws can change, always confirm requirements with your state’s workers’ comp board or a licensed agent.
What Tree Service Owners Should Focus On
If you’re running a tree service with ground crew only, focus on these basics:
Assume your crew is exposed to real risk
Carry coverage if required in your state
Classify workers correctly
Track payroll accurately
Maintain strong safety practices
Even without climbers, your business still operates in a high-risk environment.
Frequently Asked Questions
Do I need workers’ comp if my crew doesn’t climb trees?
In most states, yes—if they are employees. Ground work still carries risk and is typically covered.
Can I avoid workers’ comp by using subcontractors?
Not always. If those workers are treated like employees, you may still be responsible for covering them.
Is ground crew classified differently than climbers?
Often, they fall under the same class code due to shared job risks. This depends on your state and operations.
What happens if I don’t carry workers’ comp?
You may face penalties, out-of-pocket injury costs, or lost business opportunities depending on your state.
Does pay-as-you-go workers’ comp help small crews?
Yes, it may help align your premium with actual payroll and reduce audit surprises.
Get Help Protecting Your Ground Crew
Even if your tree service only has ground crew, workers’ comp is often still necessary—and important. The right coverage helps protect your employees, your business, and your ability to take on jobs.
If you’re not sure what your policy should look like, Total Work Comp can help. Get a free workers’ comp quote or review today and get clear, practical guidance tailored to your business.
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