Workers' Comp Rate for Concrete or Cement Work - Floors, Driveways, Yards in New York (Class Code 5221)
Last verified: 2026-07-02
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Get Your QuoteFiled Figures for Class Code 5221 in the States That Publish Them
Copied from each state's own regulator or rating bureau filing, per $100 of payroll. A loss cost is what the filing calls it — your insurer multiplies it by its own loss cost multiplier; a rate is a manual rate. States not listed publish no per-class figure this site has transcribed.
Where code 5221 sits among all classes, judged only from filed tables: a class percentile of 86 (0 = the cheapest class, 100 = the most expensive) across the 2 filings that list it.
Compare: New York and States with a Similar Cost Index
Cost index 1.00 = the median of the 47 rated states. It is a relative position, not a price, and it does not vary by class code.
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Related Class Codes in New York
About Class Code 5221: Scope, Inclusions, and Common Misclassifications
NCCI Class Code 5221 - "Concrete or Cement Work - Floors, Driveways, Yards, or Sidewalks & Drivers" - is the flatwork classification for contractors that pour, finish, pave, or repave ground-supported concrete surfaces. Think driveways, sidewalks, patios, yards, slab floors, and similar off-street paving work. It is not the catch-all concrete construction code: the page-one query answer is that 5221 is for ground-supported flatwork, while vertical structural concrete, bridge/culvert concrete, road paving, masonry, and other trades need their own classifications.
This page shows a filed 5221 figure only for the states that publish one and ranks every other state with a relative cost index, which is not a price; carrier multipliers, experience modification, schedule credits, and minimum premium still change the premium. That state-to-state difference is why a concrete flatwork contractor should check the state-specific 5221 row instead of treating a national code number as a quote.
What's Included Under Workers' Comp Code 5221
The clean inclusion test is whether the crew is doing flat, ground-supported concrete or cement work. NYCIRB describes 5221 as any type of paving or repaving involving flat work with cement or concrete, such as driveways, floors, yards, or sidewalks. The same scope can include off-street paving or repaving, concrete curb-and-gutter work when performed by a concrete or cement contractor rather than the street or road contractor, outdoor stone or brick paver installation tied to the flatwork operation, and cemetery monument erection where the bureau's phraseology includes it.
A limited wall scenario can still sit near 5221: concrete walls poured in flat forms at ground level may fit when the insured does not tilt up the walls and secure them into place. The moment the project becomes structural concrete construction, bridge or culvert work, highway/street paving, or another specialty trade, the payroll needs a different code. That boundary is the main reason 5221 gets confused with 5213 Concrete Construction NOC and 5022 Masonry NOC.
5221 vs 5213, 5222, 5506, and 5022
Use 5221 for flat concrete surfaces - driveways, sidewalks, patios, slab floors, and similar ground-supported paving. Use 5213 concrete construction NOC for concrete construction that is not the flatwork described by 5221, such as structural concrete operations that do not have a more specific class. Use 5222 for concrete construction in connection with bridges or culverts, and street or road paving classes such as 5506 when the work is roadway construction rather than off-street flatwork.
Do not use 5221 as a container for adjacent trades. Unit masonry is 5022, excavation is 6217, plastering is 5480, and general carpentry or remodeling belongs in the carpentry family. A contractor that self-performs driveway replacement, retaining-wall masonry, excavation, and patio carpentry on the same job should keep payroll by crew and operation so the auditor can assign each trade correctly.
Audit Records for Concrete Flatwork Contractors
The audit file that supports 5221 should prove the work was flatwork and not structural, road, bridge, or mixed-trade construction. Keep job proposals, permits, invoices, crew assignments, photos, and payroll reports that identify driveways, sidewalks, patios, floors, yards, paver installation, curb/gutter work, or other off-street concrete flatwork. If the same crew performs flatwork and separately rated work, split payroll by job or task before the policy audit.
The state-to-state spread for 5221 is meaningful for quote shoppers, but this page puts a dollar figure on it only where a state publishes a filed figure; elsewhere the cost-index ranking shows each state's position relative to the median state, not a price. Actual premium is still calculated from payroll divided by 100, multiplied by the state rate, the employer's experience mod, and the carrier's pricing factors. Independent-bureau states can also publish local phraseology and rating values that differ from the national NCCI wording.
Sources
- NYCIRB Classification Digest - Class 5221 Phraseology and Description (retrieved 2026-07-02)
- NYCIRB Classification Digest - Class 5221 Dashboard and Current Rating Values (retrieved 2026-07-02)
- New York Workers' Compensation Board - Manual Classification Code table DN0059 (retrieved 2026-07-02)
- WCRB Class Code Lookup - 5221 Concrete or Cement Work - Floors, Driveways, Yards, or Sidewalks & Drivers (retrieved 2026-07-02)
- Work Comp Associates - Class Code 5221 (NCCI scope summary: ground-supported paving excluding streets, roads, airport runways, or warming aprons) (retrieved 2026-07-02)
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