Hiring Your First Employee: Demolition Contractor Insurance Needs

Learn workers' comp requirements, EPLI needs, and classification rules when hiring your first demolition employee. Avoid penalties and protect your business.

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Published September 22, 2025

Key Takeaways

  • Workers' compensation insurance becomes mandatory in most states the moment you hire your first employee as a demolition contractor.
  • Demolition work carries some of the highest workers' comp premiums in construction, typically ranging from $15 to $30 per $100 of payroll due to elevated injury risks.
  • Proper payroll classification is critical—demolition work must be classified under wrecking codes, and misclassification can lead to substantial premium adjustments and penalties.
  • Employment Practices Liability Insurance (EPLI) becomes essential when hiring employees to protect against claims of wrongful termination, discrimination, or harassment.
  • Penalties for operating without required workers' comp coverage are severe, including fines up to $100,000 in some states plus potential criminal charges.
  • You'll need to establish accurate payroll reporting systems from day one, as workers' comp premiums are calculated based on payroll and proper employee classification.

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Bringing on your first employee is a milestone moment for any demolition contractor. You're growing your business, taking on bigger projects, and building a team. But here's what catches most new employers off guard: the moment you hire that first person, your insurance needs change dramatically. And in demolition work—one of construction's most dangerous specialties—those changes aren't optional.

The insurance requirements that kick in when you hire your first employee aren't just bureaucratic red tape. They're designed to protect you from potentially business-ending liability. A single workplace injury could cost hundreds of thousands of dollars in medical bills and lost wages. Without the right coverage, you're personally on the hook. Let's walk through exactly what changes when you become an employer.

Workers' Compensation: The Non-Negotiable Requirement

In most states, workers' compensation insurance becomes mandatory the moment you hire your first employee. Not when you hit three employees, not when you reach a certain revenue threshold—from employee number one. A few states set the threshold at three, four, or five employees, but for demolition contractors specifically, you should assume you need coverage immediately. The construction industry faces stricter requirements than most other sectors.

Workers' comp covers medical expenses, lost wages, rehabilitation costs, and disability benefits if an employee gets injured on the job. In demolition work, where your team is handling heavy machinery, working at heights, dealing with unstable structures, and managing hazardous materials, the risk isn't theoretical. It's a matter of when, not if, someone gets hurt. This coverage ensures that when an injury happens, your employee gets the care they need, and you don't face a lawsuit that could bankrupt your business.

Here's the cost reality: demolition contractors pay premium rates for workers' comp because the work is inherently dangerous. Expect to pay between $15 and $30 for every $100 of payroll, with some classifications reaching $17 per $100 or higher. If you're paying an employee $50,000 annually, you're looking at $7,500 to $15,000 in workers' comp premiums. That's not a small line item, but it's far less than the cost of a single serious injury without coverage.

The Consequences of Operating Without Coverage

Some contractors think they can skip workers' comp to save money, at least initially. That's a catastrophic mistake. The penalties for operating without required coverage are designed to hurt. In Pennsylvania, you could face up to one year in jail and $2,500 in fines for each day you operate without coverage. Intentional violations become felonies carrying up to seven years imprisonment and $15,000 fines. California can charge penalties up to $100,000 plus jail time.

Beyond criminal penalties, you're exposing yourself to unlimited civil liability. When an employee gets injured and you don't have workers' comp, they can sue you directly. Workers' comp exists partly to protect employers—it limits your liability in exchange for guaranteed coverage. Without it, you're facing potential lawsuits for medical bills, lost wages, pain and suffering, and punitive damages. A serious injury could mean losing your business, your personal assets, and your livelihood.

Getting Classification and Payroll Reporting Right

Workers' comp premiums are calculated based on payroll and classification codes assigned by the National Council on Compensation Insurance (NCCI). For demolition work, your employees must be classified under wrecking codes, which carry higher rates than general construction. If a demolition project involves buildings or structures of different construction types, the highest-rated classification applies to all work on that project.

Getting classification wrong isn't just an honest mistake—it can trigger audits and substantial premium adjustments. If you classify demolition workers under a lower-risk code to save money, you'll eventually get caught during an audit. You'll owe back premiums for the difference, often with penalties and interest. Set up accurate payroll reporting from day one. Track which employees are doing demolition work, which are doing general labor, and which are performing clerical tasks. Different types of work get different classification codes, and proper segmentation can legitimately reduce your premiums.

Many demolition contractors operate under multiple classification codes because employees perform different types of work. Someone doing office administration gets classified differently than someone operating an excavator. Keep detailed records of who does what, because your insurance company will audit your payroll periodically to ensure you're paying the correct premiums.

Employment Practices Liability Insurance: The Coverage You Didn't Know You Needed

Once you become an employer, you're suddenly vulnerable to employment-related lawsuits. Employment Practices Liability Insurance (EPLI) covers claims of wrongful termination, discrimination, harassment, retaliation, and wage disputes. You might think, "I'm running a small demolition crew, not a corporate HR department. I don't need that." But here's the reality: employment lawsuits don't discriminate by company size.

Small businesses are actually more vulnerable than large companies because they typically lack dedicated HR staff and formal policies. You fire someone who's not working out, and they claim it was discriminatory. An employee says another crew member made inappropriate comments, and they sue for harassment. Someone claims you didn't pay overtime correctly. These claims happen, and defending yourself costs money even if you did nothing wrong.

EPLI policies typically cover your legal defense costs, settlements, and judgments. For small businesses, the average EPLI premium is about $222 per month or $2,665 annually. Some policies offer add-ons starting at just $18 per employee per year. Compared to the cost of defending an employment lawsuit—which can easily run $50,000 to $100,000 even if you win—that's remarkably affordable protection.

One important note: most EPLI policies cover employees only. If you're using independent contractors, you may need additional endorsements or third-party coverage to protect against claims from contractors. As you build your team, clarify with your insurance agent exactly who is covered under your EPLI policy.

Taking Action Before You Hire

The time to get your insurance sorted is before you bring on that first employee, not after. Contact an insurance agent who specializes in construction and demolition work. They'll help you get workers' comp coverage in place, explain your state's specific requirements, ensure you're using the correct classification codes, and discuss whether EPLI makes sense for your situation.

Set up a payroll system that accurately tracks employee hours and classifications. This isn't just for insurance purposes—you need it for tax withholding, overtime calculations, and compliance with wage laws. Good payroll records make insurance audits straightforward and help you avoid premium adjustments.

Consider implementing basic HR policies even as a small employer. Document your hiring process, create a simple employee handbook outlining workplace rules and expectations, establish a clear disciplinary process, and maintain written records of performance issues and terminations. These practices reduce your exposure to employment claims and strengthen your position if a claim does arise.

Hiring your first employee marks a major transition in your demolition contracting business. The insurance requirements might feel overwhelming, but they're protecting both you and your team. Workers' comp ensures injured employees get care without destroying your business. EPLI shields you from employment-related lawsuits. Proper classification and payroll reporting keep you compliant and prevent costly surprises. Yes, insurance adds to your overhead, but it's the cost of doing business responsibly. Get it right from the start, and you'll build a foundation for sustainable growth.

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Questions?

Frequently Asked Questions

Do I really need workers' comp insurance for just one employee in demolition?

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Yes, in most states workers' compensation becomes mandatory the moment you hire your first employee, and demolition contractors face particularly strict requirements due to the high-risk nature of the work. A few states set thresholds at three to five employees, but you should check your specific state requirements immediately. Operating without required coverage can result in criminal penalties including jail time and fines up to $100,000.

How much does workers' comp insurance cost for demolition contractors?

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Demolition contractors typically pay between $15 and $30 for every $100 of payroll, with some classifications reaching $17 per $100 or higher. This means if you're paying an employee $50,000 annually, expect workers' comp premiums between $7,500 and $15,000 per year. The high cost reflects demolition work's elevated injury risks compared to other construction trades.

What is EPLI and do small demolition contractors need it?

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Employment Practices Liability Insurance (EPLI) covers claims of wrongful termination, discrimination, harassment, and wage disputes. While not legally required like workers' comp, small contractors are actually more vulnerable to these claims because they lack dedicated HR staff and formal policies. The average cost is about $222 per month, which is far less than defending even a baseless employment lawsuit.

What happens if I classify my demolition workers under the wrong workers' comp code?

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Misclassifying workers to obtain lower premiums will eventually be discovered during an insurance audit. You'll owe back premiums for the difference between what you paid and what you should have paid, often with penalties and interest added. Demolition work must be classified under wrecking codes, which carry higher rates than general construction due to increased risk.

Can I avoid workers' comp by hiring independent contractors instead of employees?

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Using independent contractors instead of employees doesn't automatically eliminate your workers' comp obligations, and misclassifying employees as contractors to avoid coverage is illegal and carries severe penalties. Many states have strict tests to determine whether someone is truly an independent contractor versus an employee. If you're caught misclassifying workers, you'll face back premiums, fines, and potential criminal charges.

When should I get insurance in place before hiring my first employee?

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You need workers' compensation coverage in place before your first employee's first day of work, not after. Contact an insurance agent who specializes in construction at least 2-3 weeks before you plan to hire to ensure coverage is active when needed. Operating even one day without required coverage can trigger penalties and leave you personally liable for any injuries that occur.

We provide this content to help you make informed insurance decisions. Just keep in mind: this isn't insurance, financial, or legal advice. Insurance products and costs vary by state, carrier, and your individual circumstances, subject to availability.

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