Workers' Comp Rate for Computer Programming or Software Development in Virginia (Class Code 8859)
Last verified: 2026-05-20
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About Class Code 8859: Scope, Inclusions, and Common Misclassifications
Class Code 8859 - "Computer Programming or Software Development" - applies to employers whose business is developing, customizing, testing, debugging, updating, or maintaining software for other organizations, or developing standard software products for use by other organizations. The scope is broader than heads-down coding: public bureau guidance includes web-based applications and websites, troubleshooting, compatibility updates, and standard software packages intended for use across multiple industries.
The most important audit question is whether the employer sells or contracts software-development work as its business, or whether the programming staff only supports another business operation. A SaaS studio, app-development contractor, web-application agency, or software vendor can fit 8859. A manufacturer writing firmware for its own device, a retailer maintaining internal inventory software, or a hospital employing internal IT developers can fall outside 8859 and should be reviewed under the governing operation or a state-specific companion classification.
What's Included Under Class Code 8859
NYCIRB's public 8859 description covers employers engaged in developing or customizing computer programs or software for other concerns on a contract basis, plus the development of standard generic programs for other concerns. Covered operations include designing, coding, testing, debugging, troubleshooting, updates, compatibility work, compliance updates, and standard packages for broad industry use.
Common 8859 businesses include custom software development firms, SaaS product companies, mobile-app studios, web-application developers, software implementation contractors, and agencies that build or manage internet and web-based applications for clients. The page's state-rate table estimates the filing-based base rate for that software-development exposure; final premium still depends on payroll, carrier loss-cost multiplier, experience modification, state rules, and whether the audit splits any hardware, field service, sales, or clerical operation differently.
Several independent-bureau states use their own phraseology and effective dates. New York, for example, established 8859 effective October 1, 2025 as part of its classification-code 8810 study, moving software and technology companies out of 8810 and into 8859. California uses 8859(1) for computer programming or software development and has separate California rules around maximum payroll limitations and internet or web-based application classifications.
When 8859 Is the Wrong Software Code
Internal software support is the first boundary. Public bureau guidance says 8859 does not apply when programming or software development supports the employer's own operations, including programs integrated into a hardware product sold by that employer. A payroll platform company building software for customers is different from a warehouse company whose employee writes internal dispatch scripts.
Hardware integration is the second boundary. If developers are writing software that is integrated into a manufactured product, the correct assignment can move to an appropriate manufacturing or electronics classification rather than 8859. That distinction matters for embedded devices, industrial controls, diagnostic equipment, computer peripherals, and other products where software is part of a physical product sold by the employer.
Field work and mixed consulting can also change the classification. A software consultant who only designs, codes, tests, and supports applications generally fits the low-hazard software-development exposure. A consultant who installs hardware, pulls cable, installs or repairs office machines and computer hardware (a separate field-service code, 5191), runs a data center, performs managed IT at customer premises, or supervises non-clerical field technicians may need separate payroll records and a different governing code for that work.
8859 vs 8810 and 8871
Class Code 8859 is not just 8810 clerical office work with a software title. Clerical 8810 is for office employees doing clerical duties such as records, correspondence, data entry, and telephone work in a physically separated office. Software development has its own product-development exposure, even when it is performed at a desk.
Remote software developers are not automatically 8871 clerical telecommuter employees. Code 8871 is a Standard Exception for eligible clerical work performed from home. If the employee's actual job is programming, QA engineering, software architecture, DevOps, or application support for software sold to clients, the remote work location does not convert that payroll into a clerical telecommuter classification.
Outside sales can also be included differently by state phraseology. New York's 8859 phraseology includes clerical and outside salespersons, and California's 8859(1) phraseology includes clerical office, clerical telecommuter, and outside salespersons. In states where the basic classification includes those roles, do not automatically split them to 8742 outside sales without checking the local manual.
Sources
- NYCIRB Classification Digest - Class 8859 Phraseology and Description (retrieved 2026-05-20)
- NYCIRB Classification Digest - Class 8859 Dashboard and Rating Values (retrieved 2026-05-20)
- NYCIRB R.C. 2624 - Classification Code 8810 Study: Phase 3 (retrieved 2026-05-20)
- WCIRB California - Computer Programming or Software Development, Classification 8859(1) (retrieved 2026-05-20)
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